The first session at tomorrow afternoon's (August 18, 2020) virtual conference, sponsored by Workers' Compensation Institute, has really piqued my interest. Entitled, "THE NEW AMA Guides®" (hereinafter "the Guides"), it begs the question: "When will the 7th Edition of the Guides be released?"....
Opinion Mondays: The AMA is on Another Collision Course With Protz Opinion Mondays: The AMA is on Another Collision Course With ProtzReversing a portion of a decision by the New York Workers’ Compensation Board, a state appellate court stressed that the appropriate date of a finding of no labor market attachment...
NY Court Disapproves of Board’s Retroactive Disqualification for Lack of Labor Market Attachment NY Court Disapproves of Board’s Retroactive Disqualification for Lack of Labor Market AttachmentObserving that in New York, the issue of voluntary retirement and/or withdrawal from the labor market were factual issues to be determined by the Board, and that the Board had...
NY Worker’s Failure to Stay in Touch With Employer Results in Finding that Worker Withdrew From Labor Market NY Worker’s Failure to Stay in Touch With Employer Results in Finding that Worker Withdrew From Labor MarketIn a deeply divided (3-2) decision, a New York appellate court reversed a decision by the state's Workers' Compensation Compensation Board that had found an injured, undocumented construction worker had...
Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the System Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the SystemA New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that a former substitute teacher had withdrawn from the labor market and any loss of earnings...
NY Substitute Teacher’s Loss of Earnings Due to Personal Choice, Not Injury NY Substitute Teacher’s Loss of Earnings Due to Personal Choice, Not InjuryIn spite of the fact that a New York employee sustained an admitted work-related injury–she was hit by falling scaffolding–and her physician offered an unrebutted medical opinion that she was...
NY Court Affirms Abandonment of Labor Market Finding in Spite of Medical Opinion as to Disability NY Court Affirms Abandonment of Labor Market Finding in Spite of Medical Opinion as to DisabilityAcknowledging the broad latitude afforded the state’s Workers’ Compensation Board of Review when it comes to weighing the medical evidence before it, the Supreme Court of Appeals of West Virginia,...
West Virginia Court Reverses Medical Findings of Board of Review West Virginia Court Reverses Medical Findings of Board of ReviewA New York appellate court affirmed a split decision of the state’s Workers’ Compensation Board that earlier found a claimant’s reduced earnings were the result of economic conditions, rather than...
NY Claimant Fails to Show Reduced Earnings Were Caused by Established Back Injury NY Claimant Fails to Show Reduced Earnings Were Caused by Established Back InjuryOnce an Idaho claimant has filed a complaint seeking disability benefits, the employer may require her to attend a medical examination under Idaho Code § 72-433, held the Supreme Court...
Idaho Worker Seeking Disability Benefits May Not Avoid Independent Medical Exam Idaho Worker Seeking Disability Benefits May Not Avoid Independent Medical ExamPotential $435K Annual Compensation Under Standard Contract Deemed Too Contingent The Court of Appeals of Virginia recently affirmed a determination by the state’s Workers’ Compensation Commission that fixed a professional...
Virginia Court Affirms Professional Football Tryout’s AWW of $783.63 Virginia Court Affirms Professional Football Tryout’s AWW of $783.63