An injured Pennsylvania worker, whose disability status was modified from permanent to temporary in 2008, based upon a 2006 impairment rating evaluation (IRE), who then exhausted her 500 weeks of partial disability benefits and, within three years of the last payment...
Labor Code Section 4662 (a) provides that any of the following permanent disabilities shall be conclusively presumed to be total in character: loss of both eyes or the sight thereof, loss of both hands or the use thereof, an injury resulting in a practically total...
Recently, in Eyad v. Airport Commuter, Inc. , 2018 Cal. Wrk. Comp. P.D. LEXIS 85 (Appeals Board noteworthy panel decision), a panel of commissioners with the Workers’ Compensation Appeals Board (WCAB) adopted and incorporated a decision by a Workers’ Compensation...
A trial court properly apportioned 10 percent of a permanently and totally disabled worker’s disability to the Second Injury Fund where it found that the worker sustained a 90 percent PPD as a result of a shoulder and arm injury, but also found that when combined...
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 Commission’s findings that...
Labor Code Section 4660(d) provides that California’s Permanent Disability Rating Schedule (PDRS) shall promote consistency, uniformity and objectivity when it comes to determining an injured worker’s permanent disability. From reading this section, one could assume...
In a deeply divided decision, the Supreme Court of Oklahoma held that a workers’ compensation claimant, who sustained an injury to his left shoulder in 2013, was a “physically impaired person,” as defined in Okla. Stat. tit. 85A, § 402(A), in spite of the fact...
Go v. Sutter Solano Medical Center is one of series of panel cases addressing the question of whether an employee can obtain TD and PD benefits based on medical treatment that was denied through UR and IMR. As the panel in Go points out, in the context of a UR...
Generally speaking, in order to qualify for permanent total disability benefits, the Utah employee must show, in relevant part, that he or she has an impairment or combination of impairments that limit the employee’s ability to do “basic work activities” [Utah...
Substantial evidence supported the Workers’ Compensation Board’s finding that the claimant was not attached to the labor market because the claimant’s testimony regarding his search for employment was inconsistent, contradictory, and not credible. Moreover, the...
The recent decision from the Court of Appeal in City of Jackson v. Workers’ Compensation Appeals Board (Rice) (2017) 11 Cal.App. 5th 109 , 2017 Cal.App. LEXIS 383 (certified for publication), has justifiably engendered wide spread controversy in the workers’ compensation...
CALIFORNIA COMPENSATION CASES Vol. 82 No. 5 May 2017 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright...
Indicating that permanent total disability is defined as the inability to perform sustained remunerative employment due to the allowed conditions in the claim [Ohio Admin. Code § 4121–3–34(B)(1), emphasis added], the Ohio Supreme Court held that work is “sustained...
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 § 25...
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...