Workers' Compensation

Recent Posts

Nebraska: Profit from Small Business Does not Equate to “Wages” for AWW Pur-poses
Posted on 24 Oct 2019 by Thomas A. Robinson

Quoting Larson’s Workers’ Compensation Law , the Supreme Court of Nebraska reversed a finding by a lower appellate court that had set the average weekly wage (AWW) of a business owner at $1,399.45, entitling the owner to the maximum compensation... Read More

New York: Work Experience Program Benefits Are “Wages” for Purposes of Computing Average Weekly Wage
Posted on 30 May 2019 by Thomas A. Robinson

Payments made to participants in New York’s work experience program (WEP) are “wages” for purposes of the state’s workers’ compensation law [see N.Y. Workers’ Comp. Law § 2(9)], and should be utilized in computing... Read More

Vermont: Lack of “Wages” Sinks Volunteer Driver’s Comp Claim
Posted on 1 Jun 2018 by Thomas A. Robinson

Emphasizing that the definition of “employee” within the context of workers’ compensation law was not identical with the common law definition and that the tests used to determine whether a particular worker was an employee versus an... Read More

Vermont: “Value” Received by Student Teacher/Intern Constitutes “Wages” for Workers’ Comp Purposes
Posted on 19 Apr 2018 by Thomas A. Robinson

In a decision in which the plurality, the concurring, and the dissenting opinions all quoted Larson’s Workers’ Compensation Law , the Supreme Court of Vermont held that an individual who sustained injuries while student teaching received “wages”... Read More

Missouri: Commission Guts Benefits to Sex Assault Victim
Posted on 10 May 2012 by Martin Klug

When there is no other evidence on the issue of rate, the statutory minimum rate of $40 a week applies. The claimant has the burden to prove rate. Boilerplate pleading asserting the "maximum" rate on a claim did not entitle claimant to the statutory... Read More

Washington: No Adjustment for Inflation Required In Computing Social Security Offset
Posted on 10 Apr 2015 by Larson's Spotlight

In computing the social security offset required under Wash. Rev. Code § 51.32.220, the state’s Department of Labor and Industries need not adjust the claimant’s wages for inflation, held a state appellate court. The statute requires... Read More

Soup, Soap and Salvation -- Delaware IAB Rules That Salvation Army Rehab Program Participant Is Not an Employee
Posted on 1 Apr 2011 by Cassandra Roberts

Let me start by saying if you think the goings on in Delaware are of small import, I just discovered that The Detour & Frolic has readers in Australia. We are the trend setters for not only the rest of the U.S., but the rest of the world.....who'd... Read More

Missouri: Commission Guts Benefits to Sex Assault Victim
Posted on 10 May 2012 by Martin Klug

When there is no other evidence on the issue of rate, the statutory minimum rate of $40 a week applies. The claimant has the burden to prove rate. Boilerplate pleading asserting the "maximum" rate on a claim did not entitle claimant to the statutory... Read More

TN: House Speaker Signs Bill 2940
Posted on 7 Jun 2010 by workerscompensation.com

Nashville, TN (CompNewsNetwork) - Under present law, when an injured employee is eligible to receive any permanent partial disability benefits through workers compensation for an injury to the body as a whole, an arm, a leg, or one of various combinations... Read More