Workers' Compensation

Recent Posts

Colorado: Maximum Medical Improvement Determination Requires “Appropriate” Expert Medical Evidence
Posted on 22 Mar 2019 by Thomas A. Robinson

While it is the duty the ALJ to determine the facts, including whether or not an injured worker has reached MMI status, that determination may not be made without the support of appropriate medical evidence, held a Colorado appellate court. Accordingly... Read More

Wyoming: Claimant Deemed at MMI Despite Continued Use of Spinal Cord Stimulator to Reduce Pain
Posted on 19 Jul 2018 by Thomas A. Robinson

The Supreme Court of Wyoming affirmed a finding by the state’s Office of Administrative Hearings (OAH) that a workers’ compensation claimant had reached MMI—with a resulting end to TTD benefits—despite a medical treatment plan... Read More

California: Tricks of the Trade When Calculating Temporary Disability Rate
Posted on 10 Mar 2017 by Calif. WCAB Noteworthy Panel Decisions Reporter

One of the primary benefits of California workers’ compensation is the payment of temporary disability (TD). Although not specifically defined in the California Labor Code, case law and customary usage has provided a sufficient perimeter for determining... Read More

Missouri: Claimant May Be Awarded TTD Benefits Even After Maximum Medical Improvement
Posted on 2 Jan 2016 by Larson's Spotlight

Indicating that it was “not eliminating the concept of maximum medical improvement from the workers’ compensation lexicon,” the Supreme Court of Missouri held that while It was plausible, and likely probable, that the MMI date and the... Read More

Missouri Supreme Court Rejects MMI as Bright Line Test to Award TTD
Posted on 10 Dec 2015 by Martin Klug

Cases that hold maximum medical improvement (MMI) as a bright line test to end all TTD “should no longer be followed,” according to the Missouri Supreme Court in Greer v Sysco Food Services , SC 94724 (Mo. 2015) 2015 MO Lexis 248 (Lexis Advance... Read More

Connecticut: Employer Need Not Pay for Palliative Medical Care
Posted on 13 Mar 2015 by Larson's Spotlight

A Connecticut court affirmed the finding of the commissioner that various medications prescribed by the plaintiff’s treating physician for a head injury that occurred some 18 years earlier were palliative rather than curative, and thus were not... Read More

Oklahoma: Supreme Court Strikes Down Yet Another Provision in State’s Comp Act
Posted on 15 Apr 2016 by Larson's Spotlight

In a split (7–2) decision, the Supreme Court of Oklahoma has struck down yet another provision of the state’s controversial 2013 “reform” of its workers’ compensation law. The provision, Okla. Stat. tit. 85A, § 45(C... Read More

Florida: 104-Week Limit on TTD Benefits Found Unconstitutional
Posted on 16 Jun 2016 by Larson's Spotlight

In a split decision, the Supreme Court of Florida struck down the state’s 104-week limit on TTD benefits for injured workers who remain totally disabled after the capped time period, but who have not yet reached MMI. The majority held the limit... Read More

Arkansas: Commission Resolves Conflicting Medical Evidence Against Employee
Posted on 27 May 2016 by Larson's Spotlight

An Arkansas appellate court affirmed a decision by the state’s Workers’ Compensation Commission that denied an employee additional medical benefits for continued pain management where the court said the Commission considered the medical evidence... Read More

How California Handles the WCMSA Process
Posted on 29 Dec 2011 by Robert G. Rassp, Esq.

There is a garden industry that has emerged since 1997 in California of companies who have become “WCMSA specialists”, promoting themselves as experts in developing WCMSA proposals that will pass muster with CMS. Most workers’ compensation... Read More

New York Workers’ Comp Stakeholders Continue to Absorb 2007 Reform Changes
Posted on 19 Apr 2012 by Ronald E. Weiss & Ronald Balter

During the past year, stakeholders in the workers’ compensation system in New York have continued to absorb legislative and administrative changes initiated by the 2007 reform. Maximum indemnity rates are now indexed to two-thirds of the State Average... Read More

Texas Appeals Panel Decision 100536 – Impairment Rating (IR)
Posted on 17 Oct 2010 by Stuart D. Colburn

By Stuart D. Colburn, Shareholder, Downs Stanford The Designated Doctor (DD) diagnosed a cervical sprain/strain and certified maximum medical improvement (MMI). At the Contested Case Hearing (CCH), the parties stipulated the injury extended to and... Read More

Texas Appeals Panel Decision No. 100318 – MMI/IR
Posted on 15 Oct 2010 by Stuart D. Colburn

By Stuart D. Colburn, Shareholder, Downs Stanford The Claimant sustained a compensable injury in the course and scope of his employment. DWC selected a designated doctor for MMI/IR, but not for extent. The Designated Doctor certified maximum medical... Read More

How California Handles the WCMSA Process
Posted on 29 Dec 2011 by Robert G. Rassp, Esq.

There is a garden industry that has emerged since 1997 in California of companies who have become “WCMSA specialists”, promoting themselves as experts in developing WCMSA proposals that will pass muster with CMS. Most workers’ compensation... Read More

New York Workers’ Comp Stakeholders Continue to Absorb 2007 Reform Changes
Posted on 19 Apr 2012 by Ronald E. Weiss & Ronald Balter

During the past year, stakeholders in the workers’ compensation system in New York have continued to absorb legislative and administrative changes initiated by the 2007 reform. Maximum indemnity rates are now indexed to two-thirds of the State Average... Read More