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
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
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
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
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
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
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
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
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
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
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
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
By Robert J. Grace, Jr., Esq., The Bleakley Bavol Law Firm, and Lyle Platt, Esq., Clarke & Platt, P.A. For two years now we have written about a collection of cases which represent the most closely watched and eagerly anticipated workers’... Read More
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
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