A Commission decision awarding an Ohio employee temporary total disability benefits was erroneously entered where the employee gave the employer two-week’s notice that he intended to leave the employment and then sustained a work-related injury... Read More
While Pennsylvania law authorizes termination of workers' compensation indemnity benefits during periods of incarceration after conviction [see Section 306(a.1) of the state’s Workers’ Compensation Act, 77 P.S. § 511.1], that provision... Read More
Noting the broad latitude afforded New York's Workers' Compensation Board in determining whether a claimant had withdrawn from the labor market, a state appellate court affirmed a Board decision that a substitute teacher, who sustained injuries... Read More
Stressing that the issue of abandonment of the labor market is an issue for the Board, a New York appellate court affirmed the denial of disability benefits to a worker who sustained a clearly compensable injury--she was struck by falling scaffolding... Read More
The Supreme Court of Ohio held that evidence supported a state commission's determination that a worker had abandoned the workforce and, therefore, was not entitled to permanent total disability benefits where the worker testified that he had been... Read More
Where an injured employee decided to resign from his modified-duty position and stay at home to care for his children while his wife worked outside the home, it was appropriate for a WCJ to suspend the employee's wage loss benefits, finding he had... Read More
Where a New York claimant’s reduced earnings were due, not to his established back injury, but to economic conditions unrelated to the injury, the claimant was not entitled to a reduced earnings award, held a New York appellate court. The holding... Read More
Under Ky. Rev. Stat. Ann. § 342.730(1)(c)(2), where there is a cessation of employment, temporary or permanent, “for any reason, with or without cause,” payment of weekly benefits for PPD during the time of cessation is doubled. In a... Read More
Overruling two of its own decisions, the Supreme Court of Ohio held that where a claimant in a workers’ compensation case voluntarily removes himself from his or her former position of employment for reasons unrelated to the workplace injury, the... Read More
The Supreme Court of Ohio, affirming a decision of a lower appellate court, held that a claimant’s termination from employment for violating the written attendance policy in her union contract was evidence of voluntary abandonment of her employment... Read More
Larson's Spotlight on Independent Contractors, Altercation, Substantial Deviation, and Abandonment of Employment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More
The new edition of Workers’ Compensation Emerging Issues Analysis (LexisNexis) is a veritable cornucopia of expert analysis, provocative commentary, and a 50 state survey of workers’ compensation legislation in 2014 As with last year’s... Read More
The Supreme Court of Ohio affirmed a decision by the state’s Court of Appeals that held that an injured employee was disqualified from receiving additional temporary total disability benefits because she had abandoned her employment where, following... Read More
Larson's Spotlight on Misrepresentation, Spoliation of Evidence, Marital Relationship, Drug Test, and Disqualification. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More