Workers' Compensation

Recent Posts

Virginia: Worker Loses Comp Benefits By Failing to Attend Scheduled FCE Session
Posted on 8 Nov 2018 by Thomas A. Robinson

Where an employer sought to terminate an injured worker’s benefits on the grounds that she had unjustifiably refused medical treatment—on three occasions over a four-month period of time, she cancelled a scheduled (and rescheduled) “functional... Read More

Louisiana: Employer Need Not Pay for Functional Capacity Evaluation Claimant Needed to Contest Employer’s Earlier FCE
Posted on 6 Jul 2017 by Thomas A. Robinson

The Supreme Court of Louisiana affirmed the OWC’s denial of the claimant’s motion to compel the employer to pay for a functional capacity evaluation to be performed by a physical therapist of the claimant’s choice where the purpose of... Read More

Florida: Judge Could Not Compel Claimant to Undergo Functional Capacity Evaluation
Posted on 15 Jun 2017 by Thomas A. Robinson

Stressing that substantive rights under Florida workers’ compensation law are established by the date of the accident and that the 1988 law, which would apply in the instant case, did not contain any provision that could compel a claimant to undergo... Read More

Missouri: Claimant's Pain Complaints Support PTD Award
Posted on 6 Jun 2012 by Martin Klug

A claimant who states he hurts too much to work can collect PTD benefits, even though an FCE based on "objective" findings concludes he can work in the open labor market. The court of appeals recently affirmed a Commission award of PTD against... Read More

Missouri: Claimant's Pain Complaints Support PTD Award
Posted on 6 Jun 2012 by Martin Klug

A claimant who states he hurts too much to work can collect PTD benefits, even though an FCE based on "objective" findings concludes he can work in the open labor market. The court of appeals recently affirmed a Commission award of PTD against... Read More