Acknowledging that the New York Workers’ Compensation Board had broad latitude in determining whether an employee had violated N.Y. Workers’ Comp. Law § 114-a—for example, by failing to disclose post-injury earnings—but also... Read More
A Board decision that disqualified an injured worker from receiving future wage replacement benefits was erroneous where the New York appellate court found that the Board’s decision had been based on speculation and conjecture. The court acknowledged... Read More
A New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that claimant violated N.Y. Workers’ Comp. Law § 114-a by misrepresenting her work activity while receiving benefits. At a hearing, claimant... Read More
A Florida appellate court affirmed a decision by a state judge of compensation claims that barred a long-haul truck driver from receiving workers’ compensation benefits for an alleged work-related injury based on findings that the driver had given... Read More
Mass. Gen. Laws ch. 268A, § 25, which generally allows Massachusetts municipalities to suspend “compensation” while an employee is under indictment for malfeasance, did not proscribe the receipt of workers’ compensation benefits... Read More
Larson's Spotlight on Tort Action, Retaliatory Discharge, Black Lung, Disqualification From Benefits, and Loss of Wage Earning Capacity. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer... Read More