Observing that in determining a claimant’s loss of wage-earning capacity, the New York Workers’ Compensation Board may consider claimant’s functional capabilities, as well as vocational issues (claimant’s age, education, training,...
“Odd-Lot”-Like Theory Works in Reverse to Limit Wage Loss Award for NY Claimant “Odd-Lot”-Like Theory Works in Reverse to Limit Wage Loss Award for NY ClaimantThe Supreme Court of Nevada reiterated that the state’s workers’ compensation statutes clearly and unambiguously protected every person in the service of an employer, whether lawfully or unlawfully employed, including...
NV High Court Reiterates That Undocumented Workers May Recover Indemnity Benefits NV High Court Reiterates That Undocumented Workers May Recover Indemnity BenefitsIn an unpublished decision, the Supreme Court of Nevada affirmed an award of permanent total disability benefits to an undocumented worker who sustained severe injuries to his head when a...
Nevada Court Affirms PTD Award to Undocumented Worker on Odd-Lot Basis Nevada Court Affirms PTD Award to Undocumented Worker on Odd-Lot BasisWhere an employee sustained work-related injuries, reached maximum medical improvement (MMI), and, based on factual findings by Nebraska’s Workers’ Compensation Court (WCC), was adjudged to be permanently and totally disabled,...
Massive Stroke After MMI Does Not Result in Loss of Nebraska PTD Benefits Massive Stroke After MMI Does Not Result in Loss of Nebraska PTD BenefitsSurveillance video spanning a period of almost three years that showed that the claimant, a former dockworker and truck driver, engaged in numerous physical activities, including riding a motorcycle, attending...
Surveillance Video Sinks Ohio Claimant’s Odd-Lot Claim Surveillance Video Sinks Ohio Claimant’s Odd-Lot ClaimUnder 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”