Workers' Compensation

Recent Posts

Georgia: Second Fall at Home Broke Chain of Causation Related to Earlier Injury
Posted on 3 Oct 2021 by Thomas A. Robinson

Emphasizing that it was for Georgia’s State Board of Workers’ Compensation to resolve a conflict in the evidence and not for the superior court, which initially reviewed the Board’s decision, a state appellate court reversed and remanded... Read More

Virginia: Divided Supreme Court Says Impairment to be Determined Before, Not After, Hip Surgery
Posted on 27 Jun 2020 by Thomas A. Robinson

An injured employee’s functional loss of use under Va. Code Ann. § 65.2-503, was appropriately computed by measuring the extent of the employee's impairment before undergoing hip replacement surgery, not after the surgery, held a divided... Read More

Florida: Worker Receives PTD Award More than 17 Years After Retirement
Posted on 27 Jun 2020 by Thomas A. Robinson

Where a Florida worker sustained work-related injuries to her neck, back, and right shoulder in 2002, and subsequently suffered a psychiatric injury, in the form of depression, as a result of the injury and, prior to reaching MMI status, successfully... Read More

Colorado: Maximum Medical Improvement Determination Requires “Appropriate” Expert Medical Evidence
Posted on 22 Mar 2019 by Thomas A. Robinson

While it is the duty the ALJ to determine the facts, including whether or not an injured worker has reached MMI status, that determination may not be made without the support of appropriate medical evidence, held a Colorado appellate court. Accordingly... Read More

Wyoming: Claimant Deemed at MMI Despite Continued Use of Spinal Cord Stimulator to Reduce Pain
Posted on 19 Jul 2018 by Thomas A. Robinson

The Supreme Court of Wyoming affirmed a finding by the state’s Office of Administrative Hearings (OAH) that a workers’ compensation claimant had reached MMI—with a resulting end to TTD benefits—despite a medical treatment plan... Read More

California: Tricks of the Trade When Calculating Temporary Disability Rate
Posted on 10 Mar 2017 by Calif. WCAB Noteworthy Panel Decisions Reporter

One of the primary benefits of California workers’ compensation is the payment of temporary disability (TD). Although not specifically defined in the California Labor Code, case law and customary usage has provided a sufficient perimeter for determining... Read More

California: Whose Burden Is It, Anyway?
Posted on 30 May 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

With all of the changes in the law the last few years, practitioners are finding it more difficult to determine which side has the burden of proof. Once determined, they have a difficult time finding the appropriate evidence needed to meet this burden... Read More

Little Acorns: The Myth of Maximum Medical Improvement
Posted on 14 Sep 2017 by BRBS Longshore Reporter Staff

By Stephen Embry and Aida Carini, Embry and Neusner, Groton, Connecticut Since the days of Plato and his “Republic”, Judges and lawyers have adopted, often unwittingly, the vision of the cave to analyze and promulgate rules to govern our... Read More

Missouri: Claimant May Be Awarded TTD Benefits Even After Maximum Medical Improvement
Posted on 2 Jan 2016 by Larson's Spotlight

Indicating that it was “not eliminating the concept of maximum medical improvement from the workers’ compensation lexicon,” the Supreme Court of Missouri held that while It was plausible, and likely probable, that the MMI date and the... Read More

Texas: Recoupment
Posted on 15 Sep 2011 by Stuart D. Colburn

By Stuart D. Colburn, Esq., Shareholder, Downs Stanford This case [ AP 110692 ] concerns the carrier’s right to reclassify overpaid TIBs as IIBs. In this case, the Hearing Officer cited Appeals Panel Decision 033358-S [ 2004 TX Wrk. Comp. LEXIS... Read More

Idaho: Continued Pain Does Not Contradict Finding That Worker Reached Maximum Medical Improvement
Posted on 6 Mar 2015 by Larson's Spotlight

An injured worker’s contention that she still suffered significant pain was not sufficient to contradict the Commission’s finding that the worker had nevertheless reached a point of maximum medical improvement, held an Idaho court. In fact... 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

Connecticut: Employer Need Not Pay for Palliative Medical Care
Posted on 13 Mar 2015 by Larson's Spotlight

A Connecticut court affirmed the finding of the commissioner that various medications prescribed by the plaintiff’s treating physician for a head injury that occurred some 18 years earlier were palliative rather than curative, and thus were not... Read More

Florida: 104-Week Limit on TTD Benefits Found Unconstitutional
Posted on 16 Jun 2016 by Larson's Spotlight

In a split decision, the Supreme Court of Florida struck down the state’s 104-week limit on TTD benefits for injured workers who remain totally disabled after the capped time period, but who have not yet reached MMI. The majority held the limit... Read More

Missouri Supreme Court Rejects MMI as Bright Line Test to Award TTD
Posted on 10 Dec 2015 by Martin Klug

Cases that hold maximum medical improvement (MMI) as a bright line test to end all TTD “should no longer be followed,” according to the Missouri Supreme Court in Greer v Sysco Food Services , SC 94724 (Mo. 2015) 2015 MO Lexis 248 (Lexis Advance... Read More