In a decision that illustrates the tender balance attempted in state Workers’ Compensation Acts between fairness to the injured employee and fairness to the employer and/or carrier, the Workers’ Compensation...
MT Court Weighs Difficult AWW Issues in Concurrent Employment Claim MT Court Weighs Difficult AWW Issues in Concurrent Employment ClaimStressing that a claimant’s “injury” and “impairment” are not necessarily equivalents, an Iowa appellate court affirmed a determination that an injured worker was entitled to permanent partial disability benefits; he...
Iowa Court Affirms PPD Award Where Effects of Knee Injury Extended Beyond the Leg Iowa Court Affirms PPD Award Where Effects of Knee Injury Extended Beyond the LegQuoting Larson’s Workers’ Compensation Law, and stressing that the doctrine of res judicata should be applied differently in workers’ compensation cases than in the usual context of a judicial action,...
Res Judicata Does Not Bar KY Employee From Reopening Claim Res Judicata Does Not Bar KY Employee From Reopening ClaimIn a decision not designated for publication, a Virginia appellate court affirmed a finding of the state’s Workers’ Compensation Commission that an injured employee’s work-related accident had caused only a...
Half of Virginia Claimant’s PPD Apportioned to Pre-Existing Condition Half of Virginia Claimant’s PPD Apportioned to Pre-Existing ConditionThe Court of Appeals of New York, construing N.Y. Workers’ Comp. Law § 15(4)(d), which generally limits recovery by a claimant’s estate to an amount not exceeding reasonable funeral expenses...
NY High Court Says Claimant’s Estate Due Only Portion of Posthumous SLU Award NY High Court Says Claimant’s Estate Due Only Portion of Posthumous SLU AwardThe Court of Appeals of Mississippi affirmed a decision of the state's Workers' Compensation Commission that found an injured worker was entitled to PPD benefits of $81.38 per week for...
MS Court Reiterates Claimant May Qualify for PPD Benefits in Spite of Increased Earnings MS Court Reiterates Claimant May Qualify for PPD Benefits in Spite of Increased EarningsA county firefighter, who was diagnosed with prostate cancer three years after his retirement, and who had been given a 40 percent disability rating, was entitled to PPD benefits based...
Nevada Firefighter Due PPD Benefits For Cancer Diagnosed After Retirement Nevada Firefighter Due PPD Benefits For Cancer Diagnosed After RetirementThe Supreme Court of Connecticut held that a transplanted heart is not in the nature of a prosthetic device. Accordingly, where a police officer sustained a compensable rare autoimmune disease...
CT High Court Says Transplanted Heart is Not a Prosthetic Device CT High Court Says Transplanted Heart is Not a Prosthetic DeviceThe first session at tomorrow afternoon’s virtual conference, sponsored by Workers’ Compensation Institute, has really piqued my interest. Entitled, “THE NEW AMA Guides®” (hereinafter “the Guides”), it begs the question:...
Opinion Mondays: The AMA is on Another Collision Course With Protz Opinion Mondays: The AMA is on Another Collision Course With ProtzIn a decision that is likely to raise some eyebrows, a divided Supreme Court of Virginia, affirming an earlier decision by a lower appellate court, held that an injured employee’s...
Virginia High Court Says Permanent Impairment Computed Before, Not After, Hip Replacement Surgery Virginia High Court Says Permanent Impairment Computed Before, Not After, Hip Replacement SurgeryWhere a law judge found that an injured New York worker was entitled to a PPD classification based on impairments to her cervical and lumbar spine, entitling her to nonschedule...
NY Court Disapproves of Board’s “Virtual Banking” of Benefits Where Claimant Returns to Work at Preinjury Wages NY Court Disapproves of Board’s “Virtual Banking” of Benefits Where Claimant Returns to Work at Preinjury WagesUnder N.Y. Workers’ Comp. Law § 15(3), schedule loss of use (SLU) awards may be awarded only for a statutorily-enumerated member — for example, a leg or an arm —...
New York SLU Awards Made for “Members”, not for Body Parts Making up Those Members New York SLU Awards Made for “Members”, not for Body Parts Making up Those Members