Workers' Compensation

Recent Posts

Ohio: Injury Sustained After Employee Gives Notice of Departure Means No TTD Benefits
Posted on 10 Oct 2021 by Thomas A. Robinson

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

Pennsylvania: Person Held in Jail Awaiting Trial is not Incarcerated for Purposes of Disqualification
Posted on 8 Feb 2021 by Thomas A. Robinson

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

New York: Court Affirms Board's Finding that Claimant Had Withdrawn From Labor Market
Posted on 9 Dec 2020 by Thomas A. Robinson

Noting the broad latitude afforded New York's Workers' Compensation Board in determining whether a claimant had withdrawn from the labor market, a state appellate court affirmed a Board decision that a substitute teacher, who sustained injuries...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

New York: Board's Abandonment of Labor Market Decision Affirmed in Spite of Medical Evidence of Disability
Posted on 26 Oct 2020 by Thomas A. Robinson

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

Ohio: Abandonment of Workforce Results in Disqualification from Benefits
Posted on 18 Sep 2020 by Thomas A. Robinson

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

Pennsylvania: Injured Worker's Decision to Stay Home With Children Results in Lost Benefits
Posted on 27 Jun 2020 by Thomas A. Robinson

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

New York: Self-Imposed Limitation Cannot Support Reduced Earnings Award
Posted on 27 Aug 2019 by Thomas A. Robinson

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

Kentucky: Under Special Statute, Retiring Worker Receiving PPD Indemnity Entitled to Double Benefits
Posted on 4 Oct 2018 by Thomas A. Robinson

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

Ohio: High Court Overrules Prior Decisions; Voluntary Removal from Employment Unrelated to Injury Results in Loss of TTD Benefits
Posted on 4 Oct 2018 by Thomas A. Robinson

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

Ohio: Violation of Attendance Rule Amounts to Abandonment of Employment; No TTD Benefits
Posted on 10 Oct 2014 by Larson's Spotlight

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 Recent Cases: Truck Drivers Deemed Employees In Spite of Contractor Agreement
Posted on 8 Mar 2013 by Larson's Spotlight

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

Ohio: Employee Barred From Additional Benefits When She Walks Away from Light-Duty Position
Posted on 25 Apr 2014 by Larson's Spotlight

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

Five Recent Cases You Should Know About (11/5/2010)
Posted on 5 Nov 2010 by Larson's Spotlight

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