Illustrating the broad powers given to New York's Workers' Compensation Board when it comes to weighing medical evidence, a divided Third Department appellate court affirmed a decision by the Board that a claimant, who earlier had been awarded permanent...
A Florida appellate court recently held that the state’s six-month limitation for temporary benefits for psychiatric injuries (which follow a physical injury) [see § 440.093(3), Fla. Stat.] is constitutional and that such benefits were not available to the claimant...
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...
Recently, a split panel of commissioners with the Workers’ Compensation Appeals Board (WCAB) allowed a temporary disability overpayment from monies that had accrued as a direct consequence of defendant’s failure to properly pay an earlier award of temporary disability...
CALIFORNIA COMPENSATION CASES Vol. 83 No. 3 Mar 2018 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...
A recent study published by Workers’ Compensation Research Institute (WCRI) argues that there is indeed a causal relationship between the practice of providing extensive opioid prescriptions to an injured worker and the duration of that workers’ temporary...
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...
CALIFORNIA COMPENSATION CASES Vol. 82, No. 9 September 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 ...
Construing Oklahoma’s hernia statute [85A O.S. Supp. 2013 § 61], which permits an award of up to six weeks of TTD for each hernia suffered by a claimant, the Supreme Court of Oklahoma held that where an injured worker had sustained a bilateral inguinal...
In Minnesota, once a rehabilitation plan is approved, TTD benefits generally may be terminated when a job offer is refused. Where an employee tendered to her employer a notice of resignation that was to become effective at the end of a three-month period and she...
A worker who sustained an admitted back injury and who was later fired for misconduct may nevertheless be entitled to temporary disability benefits if he or she can show an inability to work because of the work injury, held an Indiana appellate court. The court...
In an unpublished opinion, the special appeals panel of the Tennessee Supreme Court has affirmed a finding that an injured employee was entitled to permanent and total disability benefits in spite of the fact that a functional capacity evaluation (FCE) indicated...
The Supreme Court of Ohio, in a divided decision, held that a worker who tested positive for marijuana after seeking medical treatment for a work-related injury was nevertheless eligible for TTD benefits in spite of the fact that he had been fired after the injury...
In a split decision, the Supreme Court of Florida struck down the state’s 104-week limit on TTD benefits for injured workers who remain totally disabled after the capped time period, but who have not yet reached MMI. The majority held the limit [set forth...
The Supreme Court of Connecticut affirmed an award of TTD benefits for an 11-month time period where evidence indicated the employee, who delivered parcels for the employer, fell ill while delivering a package to a fire station and, upon examination, fire personnel...