Workers' Compensation

Recent Posts

Ohio: Injury Sustained After Employee Gives Notice of Departure Means No TTD Benefits
Posted on 10 Oct 2021 by Thomas A. Robinson

A Commission decision awarding an Ohio employee temporary total disability benefits was erroneously entered where the employee gave the employer two-week’s notice that he intended to leave the employment and then sustained a work-related injury... Read More

New York: Claimant Fails to Establish Worsening Condition Caused by Surgery
Posted on 27 Jun 2020 by Thomas A. Robinson

Illustrating the broad powers given to New York's Workers' Compensation Board when it comes to weighing medical evidence, a divided Third Department appellate court affirmed a decision by the Board that a claimant, who earlier had been awarded... Read More

Probation Dept. Counselor Stumbles on Way to Break Up Classroom Fight Between Juvenile Detainees: Cal. Comp. Cases January Advanced Postings (1/26/2012)
Posted on 26 Jan 2012 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. subscribers can link to the case to read the complete headnotes. County of Kern/Kern County Probation Department, PSI, Petitioner v. Workers'... 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

North Carolina: Auto Parts Employee Awarded Extensive TTD Benefits for PTSD Following Robbery
Posted on 12 Feb 2016 by Larson's Spotlight

A North Carolina appellate court affirmed an award of continuing TTD benefits to a salesperson and driver for an auto parts store who complained of chest pains and a throbbing headache following an armed robbery at the employer’s store, but was... Read More

Oklahoma: Worker with Bilateral Inguinal Hernias Entitled to Separate TTD Award for Each Injury
Posted on 22 Sep 2017 by Thomas A. Robinson

Construing Oklahoma’s hernia statute [85A O.S. Supp. 2013 § 61], which permits an award of up to six weeks of TTD for each hernia suffered by a claimant, the Supreme Court of Oklahoma held that where an injured worker had sustained a bilateral... Read More

CWCI Notes California Workers’ Comp Benefit Increases For 2017
Posted on 10 Jun 2016 by California Workers' Compensation Institute

California’s State Average Weekly Wage (SAWW) rose just over 3.9 percent from $1,120.67 to $1,164.51 in the year ending March 31, 2016, which the California Workers’ Compensation Institute (CWCI) reports will boost temporary total disability... Read More

Defendant Entitled to Credit for Full Amount of Long-Term Disability Benefits: Cal. Comp. Cases February Advanced Postings (2/5/2015)
Posted on 6 Feb 2015 by California Compensation Cases Staff

Here’s the second batch of advanced postings for February 2015 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2015 LexisNexis. All rights... Read More

Ohio: Violation of Attendance Rule Amounts to Abandonment of Employment; No TTD Benefits
Posted on 10 Oct 2014 by Larson's Spotlight

The Supreme Court of Ohio, affirming a decision of a lower appellate court, held that a claimant’s termination from employment for violating the written attendance policy in her union contract was evidence of voluntary abandonment of her employment... Read More

Ohio: Employee Barred From Additional Benefits When She Walks Away from Light-Duty Position
Posted on 25 Apr 2014 by Larson's Spotlight

The Supreme Court of Ohio affirmed a decision by the state’s Court of Appeals that held that an injured employee was disqualified from receiving additional temporary total disability benefits because she had abandoned her employment where, following... Read More

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

New Mexico: No Statutory Limitation on Duration of Temporary Total Disability Benefits
Posted on 13 Jun 2014 by Larson's Spotlight

Reversing a decision of the state’s Court of Appeals, the Supreme Court of New Mexico held that an injured employee’s eligibility for TTD benefits is not limited to 500 or 700 weeks—depending upon the severity of the disability—as... 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

California: Baker Redux
Posted on 20 Oct 2011 by Julius Young

The California Supreme Court has spoken again about COLAs. Call it Baker Redux. In response to a Petition for Rehearing filed by San Jose attorney Arthur Johnson, the California Supreme Court issued a modified opinion that can be found here: Baker... Read More

Nevada: Lack of “Salary” No Bar to TTD Benefits for Self-Employed FedEx Driver
Posted on 14 Aug 2015 by Larson's Spotlight

The Nevada Supreme Court held that a self-employed delivery driver who contracted with FedEx Home Delivery for one of its routes was entitled to TTD benefits in spite of his lack of a “salary” in a traditional sense. The driver acknowledged... Read More