In a case in which the original work-related injury occurred two decades before the appellate decision, a Florida appellate court held that a JCC erred in focusing on a claimant's...
Florida Employee Awarded PTD Benefits 17 Years After Retirement Florida Employee Awarded PTD Benefits 17 Years After RetirementA Virginia appellate court recently affirmed a decision by the state's Workers' Compensation Commission that denied temporary partial disability benefits to an injured employee under Va. Code Ann. § 65.2-502,...
Injured VA Employee May Not Merely Accept Lowest-Paying Post-Injury Job and Recover Difference in Earnings Injured VA Employee May Not Merely Accept Lowest-Paying Post-Injury Job and Recover Difference in EarningsA New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that a claimant/employee did not sustain injuries arising out of and in the course of his...
New York's "Gray Area" Rule Does Not Aid Claimant Struck by Car Near Workplace New York's "Gray Area" Rule Does Not Aid Claimant Struck by Car Near WorkplaceIn recent weeks, as multiple states have established presumptions of compensability favoring some workers who contract the coronavirus/COVID-19, many within the workers’ compensation community have pondered just how these presumptions...
Opinion Mondays: Old Influenza Case From Hawaii Shows How COVID-19 Presumptions Might Work Opinion Mondays: Old Influenza Case From Hawaii Shows How COVID-19 Presumptions Might WorkIn a case that provides guidance for employers and carriers who seek to rebut the special presumption of compensability provided to firefighters and certain other “covered officers” (including corrections officers)...
Florida Court Says Cardiac Presumption Favoring Corrections Officer Was Rebutted Florida Court Says Cardiac Presumption Favoring Corrections Officer Was Rebutted