Workers' Compensation

Recent Posts

District of Columbia: Denial of Continued TTD Benefits Appropriate Where Claimant Exaggerated Symptoms
Posted on 8 Jan 2016 by Larson's Spotlight

A District of Columbia appellate court held substantial evidence supported the CRB’s ruling that a workers’ compensation claimant had undergone a change in condition and was no longer totally disabled and no longer entitled to TTD benefits... Read More

District of Columbia: Court Construes Burden Shifting Framework Required to Pass on Employer’s Termination of Benefits Request
Posted on 6 Nov 2015 by Larson's Spotlight

Where an employer has accepted a claim and paid workers’ compensation benefits, but later moves to terminate or modify those benefits, the employer has the burden of proving by a preponderance of the evidence that conditions have changed such that... Read More

District of Columbia: Overuse of Narcotic Pain-Relievers Is Not Abandonment of Workplace
Posted on 14 Mar 2014 by Larson's Spotlight

A District of Columbia appellate court has affirmed an ALJ’s finding that a claimant did not voluntarily limit her income and was entitled to continue receiving TTD payments related to a work-related injury in spite of the fact that she had been... Read More

District of Columbia: Injured Employee May Not Receive Both Comp Disability Benefits and Short-Term Disability Benefits Under Separate Employer-Funded Plan
Posted on 22 Aug 2014 by Larson's Spotlight

Contrast the Minnesota decision noted above with that involving an injured District of Columbia employee who, following a work-related injury, received disability benefits under the Workers' Compensation Act (WCA), D.C. Code § 32-1501 et seq... Read More

District of Columbia: Employer Not Entitled to Change in Employee’s Treating Physician
Posted on 28 Aug 2015 by Larson's Spotlight

An employer has no right to request a change of an injured employee’s attending physician under the District of Columbia’s Workers’ Compensation Act, held a D.C. appellate court. The Office of Workers’ Compensation initially granted... Read More

District of Columbia: Remand Required Where Review Board Fails to Determine Medical Issues on their Merits
Posted on 31 Jul 2015 by Larson's Spotlight

The District of Columbia Court of Appeals reversed a significant portion of an order by the Compensation Review Board (CRB) that found an injured worker was not entitled to compensation for proposed medical treatments on the basis that they were not reasonable... Read More

DC: Average Weekly Wage Must Include Housing Allowance Provided to Employee
Posted on 15 Nov 2013 by Larson's Spotlight

The D.C. Court of Appeals recently held that the district’s Compensation Review Board erred in directing an ALJ to disregard a housing allowance that an employer was contractually obligated to pay an employee when calculating the employee’s... Read More