The Mississippi Workers' Compensation Commission should not have entered an order that required an employer/carrier to pay $4,000 in attorney's fees as a section for appealing an ALJ's order requiring the employer to pay for the replacement of a paraplegic...
The Michigan Compensation Appellate Commission’s practice of allowing a recoupment for overpayment of workers’ compensation only where the employer or insurer could show fraud on the part of the injured worker is contrary to statute [see MCL 418.354(9)], held a...
A New York appellate court recently held a plaintiff was bound by his attorney’s open-court stipulation with defendants that the case had been settled for $325,000. Plaintiff could not later declare the settlement “null and void” because there...
Where an injured worker and his employer/carrier entered into settlement agreement, subsequently approved by a WCJ, calling for payment of $148,574.00 ($8,574.00 of which was to be placed in a Medicare Set-Aside Account) to the worker, and the worker subsequently...
The Supreme Court of Vermont held that a workers' compensation award of PPD benefits, based on damage to the C4-6 levels of claimant's cervical spine, did not preclude a subsequent award of PPD benefits, more than six years later, for damage to the C3-4...
Where an employer has accepted a claim and paid workers’ compensation benefits, but later moves to terminate or modify those benefits, the employer has the burden of proving by a preponderance of the evidence that conditions have changed such that the claimant...
In a divided decision, the Supreme Court of North Carolina, quoting Larson’s Workers’ Compensation Law , § 143.03[4], held that once an employment contract has been made—in this case, in South Carolina—the contract’s situs is not changed merely because the contract...
A Virginia appellate court held that an employer was required to provide transportation to medical appointments for a permanently impaired employee who was wheelchair dependent in spite of the fact that it had earlier paid to modify the employee’s vehicle to accommodate...