Browse By Tags

A Florida appellate court recently held that the state’s six-month limitation for temporary benefits for psychiatric injuries (which follow a physical injury) [see § 440.093(3), Fla. Stat.] is constitutional and that such benefits were not...

An injured Pennsylvania worker, whose disability status was modified from permanent to temporary in 2008, based upon a 2006 impairment rating evaluation (IRE), who then exhausted her 500 weeks of partial disability benefits and, within three years of...

Featured Case of the Week: Rebuttal of AMA Guides Riverfront Apartments, Illinois Midwest Insurance Agency, on behalf of Pennsylvania Manufacturers' Association Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Jose Oliveira...

Lexis.com subscribers can link to the cases cited below. There are many cases where the employee seeks temporary disability benefits for a period of time after their termination. Invariably, the employer argues that they would have offered applicant...

Recently, a split panel of commissioners with the Workers’ Compensation Appeals Board (WCAB) allowed a temporary disability overpayment from monies that had accrued as a direct consequence of defendant’s failure to properly pay an earlier...

In a split (8 to 3) decision, the full First District Court of Appeal of Florida recently withdrew its earlier panel opinion in Westphal v. City of St. Petersburg , 2013 Fla. App. LEXIS 3203 (Fla. 1st DCA Feb. 28, 2013), and receded from its previous...

A worker who sustained an admitted back injury and who was later fired for misconduct may nevertheless be entitled to temporary disability benefits if he or she can show an inability to work because of the work injury, held an Indiana appellate court...

Here’s the third batch of advanced postings for the October 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights...

CALIFORNIA COMPENSATION CASES Vol. 83 No. 3 Mar 2018 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE...

CALIFORNIA COMPENSATION CASES Vol. 77 No. 3 March 2012 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE...

Go v. Sutter Solano Medical Center is one of series of panel cases addressing the question of whether an employee can obtain TD and PD benefits based on medical treatment that was denied through UR and IMR. As the panel in Go points out, in the context...

The 3rd District Court of Appeal has issued two decisions today with some remarkable similarities. In both cases the applicant attorney and defense firms were the same (although with different individual appearing attorneys), both cases involved earnings...

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2014. You’ll find many helpful cases in this list, including a recent...

The 3rd Appellate District has resolved a one of the issues that has been frequently discussed but almost never raised (at least in my experience) regarding payment of TTD during the period between 4/19/2004 and 12/31/2007 when the first payment of TD...

The Court of Appeals, Third Appellate District, has ordered published a recently issued decision on calculation of Temporary Disability benefits where the employee’s earnings include not only salary but also living quarters including utilities but...