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Stressing that a New York claimant’s obligation to demonstrate attachment to the labor market was predicated upon a finding of PPD, a state appellate court held it was inappropriate for a WCLJ to require a showing of labor market attachment where...

A Pennsylvania appellate court found substantial evidence supported the Board’s decision to terminate compensation benefits in spite of the fact that the claimant credibly testified that he continued to experience pain resulting from the work-related...

By William A. Ruskin Articles concerning cyber-security and data breach typically fall into two general categories: those discussing how to prevent a data breach from occurring and those discussing how to respond when one occurs. As I discussed in...

The Workers’ Compensation Board properly ruled that a worker sustained a permanent partial disability not amenable to a schedule award and a 15% loss of wage-earning capacity under N.Y. Work. Comp. Law § 15(3)(w)(xii)—a finding that set...

When the adjuster sends you a benefit check if you are out of work due to your work accident, she should also send you a letter telling you how she calculated your average monthly wage (AMW). The AMW is the amount used to calculate your out-of-work compensation...

Stressing that under the Mississippi Workers’ Compensation Act—except for scheduled-member cases—indemnity benefits are made for diminished wage-earning capacity and not medical impairment, as such, a state appellate court affirmed the...

In a 5–2 decision, the Supreme Court of Pennsylvania, reversing an earlier decision by the Commonwealth Court, held that a physician performing an Impairment Rating Evaluation (IRE) under § 306(a.2)(1) of the state’s Workers’ Compensation...

Just before Thanksgiving, the Nevada Supreme Court published a turkey of a decision that robs injured workers of disability award money. In Public Agency Compensation Trust v. Blake, 127 Nev. Adv. Op. 77 (2011), the court invalidated a long-standing DIR...

An Alabama Circuit Court Judge found unconstitutional two separate provisions of the Alabama Workers’ Compensation Act—the $220 cap on weekly PPD benefits [Ala. Code § 25-5-68] and a 15 percent cap on attorneys’ fees [Ala. Code...

Evidence that an injured employee has returned to work in some capacity, standing alone, does not rebut the presumption of total disability where the uncontradicted medical evidence indicates the employee sustained loss of use to his back that exceeded...

When the adjuster sends you a benefit check if you are out of work due to your work accident, she should also send you a letter telling you how she calculated your average monthly wage (AMW). The AMW is the amount used to calculate your out-of-work compensation...

Just before Thanksgiving, the Nevada Supreme Court published a turkey of a decision that robs injured workers of disability award money. In Public Agency Compensation Trust v. Blake, 127 Nev. Adv. Op. 77 (2011), the court invalidated a long-standing DIR...

The recent Missouri Commission case of Baxter v General Motors Corp. , DOLIR 6-24-11, affirmed an award of benefits for disability when both experts concluded claimant did not reach maximum medical improvement. The claimant's surgeon examined...