Workers' Compensation

Recent Posts

Florida: Six-Month Limit on Mental Injury Benefits Passes Constitutional Muster
Posted on 11 Apr 2019 by Thomas A. Robinson

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... Read More

Pennsylvania: Court OKs Reinstatement of Permanent Benefits for “Pre-Protz” Claimant
Posted on 15 Jun 2018 by Thomas A. Robinson

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... Read More

Rebuttal of AMA Guides - Cal. Comp. Cases October Advanced Postings (10/21/2011)
Posted on 21 Oct 2011 by California Compensation Cases Staff

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... Read More

California: Temporary Disability and the "For Cause" Termination
Posted on 23 Mar 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

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... Read More

California: The Difficulty With Overpayments
Posted on 21 May 2018 by LexisNexis Workers' Comp Law Newsroom Staff

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... Read More

Florida: Divided 1st DCA Creates “Virtual” MMI Date for Those Suffering Lengthy Periods of TTD
Posted on 27 Sep 2013 by Larson's Spotlight

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... Read More

Indiana: Worker Fired For Misconduct May Still Recover Temporary Disability Benefits
Posted on 31 Mar 2017 by Thomas A. Robinson

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... Read More

Independent Contractor Required to Transfer Medical Care Into MPN: Cal. Comp. Cases October Advanced Postings (10/10/2013)
Posted on 10 Oct 2013 by California Compensation Cases Staff

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... Read More

California Workers' Comp Case Roundup (4/5/2018)
Posted on 5 Apr 2018 by California Compensation Cases Staff

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... Read More

California Workers' Comp Cases Roundup (4/11/2012)
Posted on 11 Apr 2012 by California Compensation Cases Staff

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... Read More

California: Retroactive Approval of Denied Treatment Causing Increased Temporary Disability and Permanent Disability
Posted on 29 Sep 2017 by LexisNexis Workers' Comp Law Newsroom Staff

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... Read More

California: 3rd District Issues 2 Cases on Public Safety Officers Earnings
Posted on 30 Jan 2014 by Richard M. Jacobsmeyer

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... Read More

California: Court Upholds W.C.A.B. Ruling Excluding Medical Legal TD From Labor Code § 4656 Window
Posted on 27 Jun 2012 by Richard M. Jacobsmeyer

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... Read More

California: Earnings Includes Employer Provided Living Quarters and Benefit (Labor Code Sec. 4554)
Posted on 14 Sep 2011 by Richard M. Jacobsmeyer

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... Read More