Workers' Compensation

Recent Posts

Mississippi: Increased Wages After Injury Does Not Always Disqualify Worker from Wage Loss Benefits
Posted on 24 Jan 2021 by Thomas A. Robinson

That an injured worker was receiving wages that exceeded his pre-injury earnings did not, in and of itself, mean he was not entitled to an award of permanent partial benefits for wage loss, held a Mississippi appellate court. The appellate court acknowledged... Read More

Virginia: Injured Worker Must Show He or She has Reasonably Marketed Residual Work Capacity
Posted on 27 Jun 2020 by Thomas A. Robinson

An injured worker's acceptance of the lowest paying of three jobs offered to him following his work-related injury, on the basis that it was a day-shift position and the others were not, meant he could not recover the difference between his post-injury... Read More

Georgia: Repeated Lifting Against Employer’s Direction Results in Firing for Insubordination
Posted on 20 Nov 2019 by Thomas A. Robinson

Where a restaurant worker initially sustained a back injury as he moved a heavy pot of chili and he was subsequently advised in writing not to lift anything without the restaurant owner’s express direction, his repeated unauthorized actions of lifting... Read More

Mississippi: Return to Work at Same or Higher Wages Dooms PPD Claim
Posted on 8 Dec 2017 by Thomas A. Robinson

Stressing that under the Mississippi Workers’ Compensation Act—except for scheduled-member cases—indemnity benefits are made for diminished wage-earning capacity and not medical impairment, as such, a state appellate court affirmed the... Read More

Virginia: Injury That Occurred Two Weeks After Notice of Retirement Qualifies Employee for Temporary Total Disability Benefits
Posted on 6 Nov 2015 by Larson's Spotlight

Where a long-time employee notified his employer that he would be retiring in one month and, two weeks prior to retirement, he tripped and fell in a work-related accident, received medical treatment in a worksite clinic and was placed on restricted duty... Read More

Virginia: Firefighter’s Presumption Requires Entitlement to “Some Form of Economic Indemnity”
Posted on 30 May 2014 by Larson's Spotlight

In an opinion not designated for publication, a Virginia appellate court affirmed a decision by the state’s Workers’ Compensation Commission that held a retired firefighter-medic was not entitled to utilize the state’s “firefighter’s... Read More

Ohio: Firefighter’s Decision to Take Low Paying Job as Deer Herder Nixes Claim for Working Wage Loss
Posted on 14 Feb 2014 by Larson's Spotlight

An Ohio appellate court recently found that a magistrate had properly determined the facts and applied the appropriate law in finding that the Commission had not abused its discretion when it, in turn, found that the worker, a former firefighter, had... Read More

Washington, D.C.: Absence of Wage Loss May be Considered in Determining Schedule Award
Posted on 12 May 2017 by Thomas A. Robinson

Addressing the question directly for the first time under the current version of the District of Columbia Workers’ Compensation Act, the D.C. Court of Appeals held that the Compensation Review Board (CRB) reasonably concluded that wage loss (or... Read More

Georgia: Employer’s Subrogation Lien Fails Where No Proof That Injured Employee Had Been Made Whole
Posted on 2 Oct 2015 by Larson's Spotlight

Unlike the situation in many other states, the subrogation lien of a Georgia employer and/or its insurer attaches to third-party recovery by the injured employee only after the injured employee has been fully and completely compensated for his economic... Read More

WCRI’s Baseline for Evaluating Impact of North Carolina’s 2011 Workers’ Comp Reforms: A Measuring Stick That Falls Short
Posted on 24 Feb 2012 by Vernon R. Sumwalt

By Vernon Sumwalt WCRI’s “ Baseline for Evaluating Impact of 2011 Reforms in North Carolina: CompScope™ Benchmarks, 12th Edition ” (the “WCRI study”) tries to provide a measuring stick to evaluate the 2011 amendments... Read More

WCRI’s Baseline for Evaluating Impact of North Carolina’s 2011 Workers’ Comp Reforms: A Measuring Stick That Falls Short
Posted on 24 Feb 2012 by Vernon R. Sumwalt

By Vernon Sumwalt WCRI’s “ Baseline for Evaluating Impact of 2011 Reforms in North Carolina: CompScope™ Benchmarks, 12th Edition ” (the “WCRI study”) tries to provide a measuring stick to evaluate the 2011 amendments... Read More