Workers' Compensation

Recent Posts

Pennsylvania: Benefits Terminated in Spite of Claimant’s Continuing Pain
Posted on 26 Jul 2018 by Thomas A. Robinson

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... Read More

Judge Strikes Down Alabama Workers’ Compensation Act as Unconstitutional
Posted on 12 May 2017 by LexisNexis Workers' Comp Law Newsroom Staff

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... Read More

South Carolina: Injured Employee Entitled to PTD Benefits For Significant Impairment to Back in Spite of Return to Work
Posted on 9 Mar 2017 by Thomas A. Robinson

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... Read More

New York: Evidence Supported Finding That Worker Was Entitled Only to 15 Percent Loss of Wage-Earning Capacity
Posted on 23 Mar 2017 by Thomas A. Robinson

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... Read More

Nevada: Are Your Benefits Calculated Correctly?
Posted on 13 Oct 2011 by Virginia Hunt

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... Read More

Pennsylvania: IRE Physicians Not Limited to Impairment Issues Identified in NCP
Posted on 27 Jan 2017 by Thomas A. Robinson

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... Read More

Nevada: Terrible New Decision for Injured Workers on PPD Ratings
Posted on 4 Dec 2011 by Virginia Hunt

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... Read More

Mississippi: Return to Work at Same or Higher Wages Dooms PPD Claim
Posted on 8 Dec 2017 by Thomas A. Robinson

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... Read More

Nevada: Terrible New Decision for Injured Workers on PPD Ratings
Posted on 4 Dec 2011 by Virginia Hunt

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... Read More

Nevada: Are Your Benefits Calculated Correctly?
Posted on 13 Oct 2011 by Virginia Hunt

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... Read More

MO: Does a Claimant Who Refuses To Attend Appointments, As a Matter Of Law, Reach Maximum Medical Improvement To Allow an Award of Permanent Partial Disability?
Posted on 29 Jun 2011 by Martin Klug

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... Read More