In a case of first impression within the jurisdiction, a divided Maine Supreme Judicial Court held that the “coordination of benefits” provision in the state’s Workers’ Compensation Act, 39-A M.R.S. § 221(1) entitles an employer to a credit against ongoing incapacity...
The employer’s matching contributions to an employee’s 401k plan are not weekly earnings for purposes of calculating the employee’s workers’ compensation benefits, held an Iowa appellate court, affirming a decision by a state district court...
Denial of an injured worker’s application for TTD compensation was appropriate where the Commission determined that the worker’s loss of income was due to his voluntary abandonment of his employment in 2012 due to reasons unrelated to a 2009 industrial injury to...
CALIFORNIA COMPENSATION CASES Vol. 81 No. 3 March 2016 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 ©...
Reversing a decision by the state’s Court of Appeals, the Supreme Court of Kansas held that under the state’s Workers’ Compensation Act, an injured worker’s compensation must be reduced by any social security retirement benefits simultaneously...
A Pennsylvania appellate court held that it was error to suspend a claimant’s benefits solely because she received a disability pension and had moved to Nevada for its warmer climate; there was no evidence that she had permanently removed herself from the...
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 for the...
Here’s the latest batch of advanced postings for the September 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved...
Kansas, like most other states, requires that an employee's workers’ compensation award be set-off by any retirement benefits he or she receives from a retirement benefits program, including benefits received under the federal Social Security Act, less...
Larson's Spotlight on Offset, Retirement, Independent Contractor, and Choice of Law/Forum. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has...
Larson's Spotlight on Uninsured Employers' Fund, Voluntary Withdrawal From Labor Market, Bad Faith, and Going and Coming. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's...
It’s time to look back on the past year’s top cases to help us identify possible national trends. While many of these cases are state decisions, there are far reaching implications to be found in each of them. Here’s our selection for the top...