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
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
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
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
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
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
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
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
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
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