NY Board Erred in Denying Review of COVID Claim Because Claimant Used Old RB-89 Form

SC High Court Stresses that with Discretionary Issues Commission Must Actually Use Discretion

NC Court Reiterates that Full Commission, Not the Deputy Commissioner, is the Ultimate Factfinder

N.C. Gen. Stat. § 97-85(a), which empowers the North Carolina Industrial Commission to reconsider the evidence before the deputy commissioner, and to amend the deputy commissioner’s award “if good ground...

NY Board Abused Discretion in Failing to Allow Carrier’s Review Application

In a claim tangental to a highly-publicized 2019 indictment for alleged workers’ compensation fraud, a New York appellate court held that the state’s Workers’ Compensation Board abused its discretion when...

SC Appellate Court Chides Commission for Summarily Dismissing Appeal

In a stinging decision, the Court of Appeals of South Carolina ruled that the state’s Workers’ Compensation Commission had abused its discretion in summarily dismissing the appeal by an insurance...

Battle of the Forms: NY Board Abuses Discretion in Failing to Reopen Claim

Where there was a clear discrepancy between the schedule loss of use (SLU) percentage indicated on the face of a surgeon’s C-4.3 form (Doctor’s Report of Maximum Medical Improvement/Permanent Impairment)...

NY Law Firm’s $52K Fee Request Will be Reconsidered by Board

In a relatively unusual move, the Appellate Division of the Supreme Court of New York (Third Department) vacated its October 8, 2020 decision [reported at 187 A.D.3d 1297, 132 N.Y.S.3d...

Comp Worker’s Claim Fails Due to Untimely Report of Injury to NY Employer

Stressing that under N.Y. Workers’ Comp. Law § 18, an injured employee is required to give written notice of any work-related injury to his or her employer within 30 days,...

State Court Strikes Down New York Board’s Eight-Page Brief Limitation

A regulation of New York’s Workers’ Compensation Board [N.Y. Comp. Codes R. & Regs., tit. 12, § 300.13(b)(1)(i)] that authorizes the Board to dismiss an application for Board review where...

Missouri Court Says Medical “Expert” Need Not be an M.D.

Opinion of Audiologist With Ph.D. Trumps Opinion of M.D. A Missouri appellate court has affirmed a decision of the state’s Labor and Industrial Relations Commission awarding permanent partial disability benefits...