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...
Post-Injury Felony Conviction Not a Factor in Determining PA Employee’s Earning Power Post-Injury Felony Conviction Not a Factor in Determining PA Employee’s Earning PowerA New York appellate court held that while the state’s Workers’ Compensation Board was within its discretion when it found an injured worker had violated N.Y. Workers’ Comp. Law §...
NY Claimant Should Not Have Been Permanently Barred From Indemnity Benefits NY Claimant Should Not Have Been Permanently Barred From Indemnity BenefitsIn a deeply divided (3-2) decision, a New York appellate court reversed a decision by the state's Workers' Compensation Compensation Board that had found an injured, undocumented construction worker had...
Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the System Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the SystemA Pennsylvania appellate court held that where an injured worker resigned from his modified-duty position in order that he could be a “stay-at-home” dad, in part due to his injury,...
PA Injured Worker's Decision to Become Stay-at-Home Dad Proves to be Expensive PA Injured Worker's Decision to Become Stay-at-Home Dad Proves to be ExpensiveIllustrating yet again, that the age-old adage that an employer generally takes an employee as it finds him or her, a Nebraska appellate court affirmed a finding by the state’s...
Broken Ankle Results in Permanent Total Disability for Nebraska Truck Driver Broken Ankle Results in Permanent Total Disability for Nebraska Truck DriverAcknowledging that in most cases in Utah, an injured worker who is capable of returning to work full-time cannot be considered to have sustained permanent total disability, a state appellate...
Utah Worker Found to Have Sustained PTD In Spite of His Return to Work Utah Worker Found to Have Sustained PTD In Spite of His Return to WorkA New York appellate court affirmed a split decision of the state’s Workers’ Compensation Board that earlier found a claimant’s reduced earnings were the result of economic conditions, rather than...
NY Claimant Fails to Show Reduced Earnings Were Caused by Established Back Injury NY Claimant Fails to Show Reduced Earnings Were Caused by Established Back InjuryObserving that the employee must must be taken as he or she was hired, that in determining an employee’s “earning power” following an injury, Delaware courts are authorized to consider...
Delaware Employer’s Inability to Rehire Undocumented Worker Following Injury is Its Worry, Not the Worker’s Delaware Employer’s Inability to Rehire Undocumented Worker Following Injury is Its Worry, Not the Worker’s