Workers' Compensation

Recent Posts

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

Illinois: Trial Court Wrong to Have Converted PPD Award to Lump Sum
Posted on 19 Oct 2019 by Thomas A. Robinson

Observing that the Illinois Legislature had indicated a strong preference for period payments, rather than lump sum awards, a state appellate court recently held it was error for a state trial court to order immediate payment, in a lump sum, of all PPD... Read More

Nevada: Terrible New Decision for Injured Workers on PPD Ratings
Posted on 4 Dec 2011 by Virginia Hunt

Just before Thanksgiving, the Nevada Supreme Court published a turkey of a decision that robs injured workers of disability award money. In Public Agency Compensation Trust v. Blake, 127 Nev. Adv. Op. 77 (2011), the court invalidated a long-standing DIR... Read More

Missouri: Employer May Still Contest PPD Despite Late Answer
Posted on 8 Jan 2013 by Martin Klug

The only medical expert who assessed disability concluded that the injured worker sustained 30% disability to his left eye when he was struck with a piece of wood, but claimant asserted on appeal that he should have no less than 75% disability because... Read More

Judge Strikes Down Alabama Workers’ Compensation Act as Unconstitutional
Posted on 12 May 2017 by LexisNexis Workers' Comp Law Newsroom Staff

An Alabama Circuit Court Judge found unconstitutional two separate provisions of the Alabama Workers’ Compensation Act—the $220 cap on weekly PPD benefits [Ala. Code § 25-5-68] and a 15 percent cap on attorneys’ fees [Ala. Code... Read More

Cal. Comp. Cases October Advanced Postings (9/29/2011)
Posted on 30 Sep 2011 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the October 2011 issue of Cal. Comp. Cases. subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. Charter Oak Unified School... Read More

Oregon: Claimant’s Estate May Pursue PPD Claim Filed Prior to Claimant’s Death
Posted on 17 Apr 2015 by Larson's Spotlight

Reversing the state’s Court of Appeals, the Supreme Court of Oregon held an estate was authorized to pursue a request for hearing seeking an award of PPD benefits that claimant filed before his death, in spite of the fact that the cause of his death... Read More

Nevada: Are Your Benefits Calculated Correctly?
Posted on 13 Oct 2011 by Virginia Hunt

When the adjuster sends you a benefit check if you are out of work due to your work accident, she should also send you a letter telling you how she calculated your average monthly wage (AMW). The AMW is the amount used to calculate your out-of-work compensation... Read More

Oklahoma: Supreme Court Strikes Down Yet Another Provision in State’s Comp Act
Posted on 15 Apr 2016 by Larson's Spotlight

In a split (7–2) decision, the Supreme Court of Oklahoma has struck down yet another provision of the state’s controversial 2013 “reform” of its workers’ compensation law. The provision, Okla. Stat. tit. 85A, § 45(C... Read More

New Jersey Workers’ Compensation Trends for 2016
Posted on 16 Nov 2016 by LexisNexis Workers' Comp Law Newsroom Staff

By Richard B. Rubenstein, Esq. Assembly Bill 3401, signed into law on November 14, 2016, mandates that workers’ compensation carriers and third-party administrators adopt a method for processing electronic bills for medical treatment rendered... Read More

Alabama: Trial Court Judge Rules State’s Workers’ Compensation Act Unconstitutional
Posted on 12 May 2017 by Thomas A. Robinson

An Alabama Circuit Court Judge found unconstitutional two separate provisions of the Alabama Workers’ Compensation Act—the $220 cap on weekly PPD benefits [Ala. Code § 25–5–68] and a 15 percent cap on attorneys’ fees... Read More

New York Court of Appeals Upholds ATF Deposit on PPD Cases
Posted on 16 Nov 2011 by Ronald Balter

By Ronald Balter, Esq. More than four years after the legislature enacted mandatory Aggregate Trust Fund deposits in all cases in which a claimant was classified as having a permanent partial disability after July 1, 2007 and involving a private workers'... Read More

MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier
Posted on 20 Oct 2011 by Martin Klug

The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award... Read More

100th Anniversary of New York Workers’ Compensation Law
Posted on 18 Apr 2014 by Ronald Balter

By Ronald E. Weiss, Esq. and Ronald Balter, Esq. 2014 marks the 100th anniversary of the enactment of New York’s Workers’ (then Workmens’) Compensation Law. It is well known that the death of so many workers in the horrific Triangle... Read More

Missouri: Chasing Bad Guy Arises Out of Employment
Posted on 2 Mar 2012 by Martin Klug

A robber wearing a ski mask and carrying a box cutter demanded claimant turn over his employer's money. When the employer had only $1 on premises, the robber stole claimant's cell phone and fled. The robber dropped the cell phone but when claimant... Read More