California Court Clarifies Burden of Proof for Subsequent Injuries Fund Credit

Washington State Court Affirms “Reverse Offset” Re: Federal Social Security Retirement Benefits

Post-Injury Felony Conviction Not a Factor in Determining PA Employee’s Earning Power

A Pennsylvania WCJ need not consider non-work-related injury limitations that were the result of actions that occurred after the work-related injury as part of a Pennsylvania injured employee’s “residual productive...

Florida JCC May Not Deny TD Benefits Because Worker Received Full Pay From His Sick Leave Account

A Florida appellate court recently held that a JCC erred in refusing to award temporary disability benefits to an injured worker based on the fact that the worker received “full...

SC’s Auto Insurance Carriers May Not Offset PIP Benefits by Amounts Insured Receives for Workers’ Comp Benefits

In a tale of the “dueling statutes,” the Supreme Court of South Carolina recently held that insurers providing automobile insurance may not reduce their obligations to provide no-fault personal injury...

Amendments to Social Security Act in 2000 Do Not Trump Kansas Offset Statute

Overruling Dickens v. Pizza Co., Inc., 266 Kan. 1066, 1071, 974 P.2d 601 (1999), which had adopted an exception to the general rule allowing reduction in workers’ compensation benefits where...

Maine: Employer Not Entitled to Offset Incapacity Benefits Against Specific Loss Award for Amputation

The Supreme Judicial Court of Maine recently reversed an award by the state’s Workers’ Compensation Board that had granted an employee specific loss benefits for the amputation of a finger,...

Arkansas: Only Partial Offset of Claimant’s Disability Benefits By Retirement Benefits Allowed

Workers’ compensation, unemployment compensation, nonoccupational sickness and disability insurance, and old age and survivors’ and disability insurance are all based upon a common principle and a common operative fact: wage...