Five Recent Cases You Should Know About (6/13/2010)

Larson’s Spotlight on Average Weekly Wage, Offset, Mental Injury, Inmate and PPOs. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s Workers’ Compensation Law, has compiled the list below.

OH: Wages From Second Job May Be Used to Compute Average Weekly Wage

The Supreme Court of Ohio has ruled that the state's Industrial Commission did not abuse its discretion in including wages from a second job in the calculation of an injured worker's average and full weekly wages for purposes of determining amount of temporary total disability compensation resulting from an injury on the first job.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Ohio LEXIS 1376. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 93.03.

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ME: Statutory Maximum Must First Be Applied to Injured Worker's Wages Before Applying Offset for Pension Benefits

The Supreme Court of Maine has ruled that in coordinating the payment of workers' compensation disability benefits with the benefits an injured worker may receive pursuant to his pension, the plain language of the relevant portions of 39-A M.R.S. § 221 requires that before any pension offset is calculated, the benefits payable pursuant to § 213 must first be calculated. If the calculation exceeds the statutory maximum, then the amount payable to the injured worker must be reduced to the statutory maximum pursuant to § 213(1), whether there is to be a pension offset or not. The pension offset pursuant to section 221, if any, must then be calculated to reduce the benefits otherwise payable pursuant to section 213.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Me. LEXIS 51. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 157.05.

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LA: Gun Hoax at High School Was Insufficient to Support Teacher's Claim for Compensable Mental Injury

A Louisiana appellate court has affirmed a decision by the state's Office of Workers' Compensation which found in favor of the employer and dismissed the claim of a high school teacher who claimed to have sustained a compensable mental injury when a student, as a practical joke, entered her room, claiming that people were shooting inside the school. 

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 La. App. LEXIS 837. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, §§ 44.05, 56.04.

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IA: Inmate May Be Employee for Purposes of State Civil Rights Act

The Supreme Court of Iowa recently reversed a decision by a county district court that held an inmate at a state correctional facility could not be considered an "employee" for purposes of the Iowa Civil Rights Act.  Noting that the state act prohibited discrimination on the basis of sex in employment and that "employment" was broadly defined by the Act, the high court stopped short of saying that all inmate work within the prison might be considered employment, but indicated the Civil Rights Commission had made the determination without sufficient examination.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Iowa Sup. LEXIS 49. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 64.03.

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LA: Appellate Court Refuses to Decertify Class in Dispute Between PPOs and Healthcare Providers

A Louisiana appellate court recently affirmed a trial court's decision to deny a motion by the defendant Preferred Privider Organizations to decertify the class of plaintiffs in a class action filed by a number of health care providers on behalf of all others similarly situated.  In relevant part, plaintiffs maintain that defendants entered into contracts with them pursuant to the Preferred Provider Organization Act, La. Rev. Stat. § 40: 2201 et seq., which allowed the defendants to pay a discounted rate for the provision of healthcare, but that the defendants routinely reimbursed plaintiffs (and the entire class) in workers' compensation cases at the lower PPO contracted rates, rather than at the higher mandated workers' compensation rates.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 La. App. LEXIS 841. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 94.02.

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Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

 Offer good through June 2010.