In a deeply divided (5-4) decision, the Supreme Court of Oklahoma recently held that a provision in the state’s workers’ compensation law [Okla. Stat. tit. 85A, § 89] allowing an...
Deeply Divided Oklahoma High Court Says Reduction of PPD Allowed Where Employer Paid Full Wages During Police Officer’s Disability Period Deeply Divided Oklahoma High Court Says Reduction of PPD Allowed Where Employer Paid Full Wages During Police Officer’s Disability PeriodJettisoning the Bath Water—Does the Baby Remain? As someone who has, for the past 32 years, earned the bulk of his living reading—I’ll admit, often only skimming—some 2,500 appellate decisions...
Recent Kansas AMA Guides Decision: Would the Court Prefer a Fault-Based System? Recent Kansas AMA Guides Decision: Would the Court Prefer a Fault-Based System?Part of SSDI’s Fiscal Weakness Tied to Cost Shifting from Workers’ Compensation In an important recent paper, Professor John Burton and his colleague, Steve Guo, argue that significant fiscal improvements...
Does Long-Term Strength of the SSDI Trust Fund Depend Upon Changes to State Workers’ Comp Programs? Does Long-Term Strength of the SSDI Trust Fund Depend Upon Changes to State Workers’ Comp Programs?The lack of a salary associated with typical employment does not necessarily prevent an average monthly wage calculation for a self-employed injured Nevada worker, held the state’s Supreme Court last...
Average Wage Calculation Must Be Computed For Nevada Self-Employed FedEx Driver Average Wage Calculation Must Be Computed For Nevada Self-Employed FedEx DriverAs noted by Larson’s Workers’ Compensation Law, § 84.02 et seq., some of the most complex disability questions arise when the claimant returns to some kind of employment after the...
Virginia: Claimant Awarded Post-Termination PD Benefits; Her Poor Performance Was In Part Tied to Her Compensable Injuries Virginia: Claimant Awarded Post-Termination PD Benefits; Her Poor Performance Was In Part Tied to Her Compensable InjuriesUnder the “odd-lot” doctrine, accepted in the vast majority of jurisdictions, total disability may be found in the case of workers who, while not altogether incapacitated for work, are so...
Wyoming: High Court Finds Injured HVAC Worker Established “Odd Lot” Status” Wyoming: High Court Finds Injured HVAC Worker Established “Odd Lot” Status”