Workers' Compensation

Recent Posts

Oklahoma: Worker with Bilateral Inguinal Hernias Entitled to Separate TTD Award for Each Injury
Posted on 22 Sep 2017 by Thomas A. Robinson

Construing Oklahoma’s hernia statute [85A O.S. Supp. 2013 § 61], which permits an award of up to six weeks of TTD for each hernia suffered by a claimant, the Supreme Court of Oklahoma held that where an injured worker had sustained a bilateral... Read More

Increase in California Average Weekly Wage to Boost 2013 Workers’ Compensation Benefits
Posted on 8 Jun 2012 by California Workers' Compensation Institute

California’s State Average Weekly Wage (SAWW) rose more than 5.5% from $1003.55 to $1,059.38 in the 12 months ending March 31, 2012, which according to the California Workers’ Compensation Institute (CWCI), will boost minimum and maximum temporary... 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

Tennessee: Injured Worker’s Testimony Sufficient to Establish Total Disability in Spite of Light Work Capabilities
Posted on 2 Feb 2017 by Thomas A. Robinson

In an unpublished opinion, the special appeals panel of the Tennessee Supreme Court has affirmed a finding that an injured employee was entitled to permanent and total disability benefits in spite of the fact that a functional capacity evaluation (FCE... Read More

Ohio: Worker May Receive TTD Benefits In Spite of Positive Drug Test After Injury
Posted on 6 Jan 2017 by Thomas A. Robinson

The Supreme Court of Ohio, in a divided decision, held that a worker who tested positive for marijuana after seeking medical treatment for a work-related injury was nevertheless eligible for TTD benefits in spite of the fact that he had been fired after... Read More

WCRI Study Reveals Causal Connection Between Long-Term Opioid Prescribing and Duration of TTD Benefit Periods
Posted on 23 Mar 2018 by Thomas A. Robinson

A recent study published by Workers’ Compensation Research Institute (WCRI) argues that there is indeed a causal relationship between the practice of providing extensive opioid prescriptions to an injured worker and the duration of that workers’... Read More

Take This to the Bank: Carriers in DE Cannot Be Compelled to Use Direct Deposit
Posted on 16 Nov 2011 by Cassandra Roberts

Continuing holiday blessings to you all. I am torn between the lure of the kitchen and that little pile of case law sitting on the sideboard that mocks me daily. Today's holiday hurrah goes out to Linda Wilson of Marshall, Dennehy who offers up a... Read More

Increase in California Average Weekly Wage to Boost 2013 Workers’ Compensation Benefits
Posted on 8 Jun 2012 by California Workers' Compensation Institute

California’s State Average Weekly Wage (SAWW) rose more than 5.5% from $1003.55 to $1,059.38 in the 12 months ending March 31, 2012, which according to the California Workers’ Compensation Institute (CWCI), will boost minimum and maximum temporary... Read More

Jump in California Average Weekly Wage to Push 2012 Workers’ Comp Benefits to Over $1,000/Week
Posted on 10 Jun 2011 by California Workers' Compensation Institute

New U.S. Department of Labor data shows California's State Average Weekly Wage (SAWW) rose more than 2.4% from $979.90 to $1003.55 in the 12 months ending March 31, 2011, which the California Workers' Compensation Institute (CWCI) reports will... Read More

California: 1st District – No Presumption Earnings Are Maximum Where Documentation Is Lacking
Posted on 26 Apr 2011 by Richard M. Jacobsmeyer

The First District Court of Appeal has reversed a W.C.A.B. decision that really involves a technical issue for calculating and paying TTD under the guise of modifying a penalty award. In a published decision the Court has made a ruling on an issue involving... Read More

Take This to the Bank: Carriers in DE Cannot Be Compelled to Use Direct Deposit
Posted on 16 Nov 2011 by Cassandra Roberts

Continuing holiday blessings to you all. I am torn between the lure of the kitchen and that little pile of case law sitting on the sideboard that mocks me daily. Today's holiday hurrah goes out to Linda Wilson of Marshall, Dennehy who offers up a... Read More