The Missouri Commission was justified in filing that an injured worker did not suffer from a permanent total disability where evidence indicated that following his injuries, the worker worked on a full-time, seasonable basis, held a state appellate court. Based...
An award to an injured employee could be made on a permanent partial disability basis—he was not limited to a scheduled award—where the employee suffered a torn quadriceps tendon in his lower extremity, but medical evidence indicated that while the worker’s “injury...
Where a claimant sustained an injury in August 2008, was examined by the insurer’s medical examiner in November 2018, and found to have reached MMI and to have sustained a permanent impairment to her lumbar spine (class 2, severity A ranking), it was not error...
Where an employer’s examining physician opined that the workers’ compensation claimant had fully recovered from her injuries—the physician based his opinion, in large part, on the fact that claimant had not sought medical treatment from any physician...
Quoting Larson's Workers' Compensation Law , the Supreme Court of Nevada, in an unpublished decision, held that a worker's status as an undocumented worker was not relevant to the issue of whether he qualified for permanent total disability benefits...
Where a Florida worker sustained work-related injuries to her neck, back, and right shoulder in 2002, and subsequently suffered a psychiatric injury, in the form of depression, as a result of the injury and, prior to reaching MMI status, successfully petitioned...
Where an injured employee sustained a laceration over the eye -- a condition admitted by the employer -- and later sought reinstatement of his disability benefits, the burden was on the employee to establish his entitlement to benefits based on an actual disability;...
In a decision not designated for publication, a Nebraska court affirmed a finding by the state's Workers' Compensation Court that a truck driver had sustained permanent total disability due to an ankle fracture. The court noted the deep conflict in the...
Where a Utah worker sustained catastrophic work-related injuries, including the amputation of both feet, when he accidentally came into contact with a high voltage power line and yet, after a significant period of recuperation was able to return to full-time employment...
Stressing that a New York claimant’s obligation to demonstrate attachment to the labor market was predicated upon a finding of PPD, a state appellate court held it was inappropriate for a WCLJ to require a showing of labor market attachment where the judge made...
An Ohio appellate court held that where medical factors alone precluded an injured worker from enjoying sustained remunerative employment, there was no practical purpose for the Commission to consider non-medical factors such as vocational rehabilitation or the...
Observing that the Illinois Legislature had indicated a strong preference for period payments, rather than lump sum awards, a state appellate court recently held it was error for a state trial court to order immediate payment, in a lump sum, of all PPD benefits...
That a permanently disabled claimant subsequently suffered a massive stroke that was unrelated to her workplace injury and which left her completely incapacitated and unable to care for herself did not alter the fact that she was still permanently disabled under...
In a split decision, the Supreme Court of Idaho held that the plain wording of Idaho Code Ann. §§ 72-425 and 72-430 require that all personal and economic circumstances that diminish the ability of the claimant to compete in an open labor market must be considered...
A Pennsylvania appellate court found substantial evidence supported the Board’s decision to terminate compensation benefits in spite of the fact that the claimant credibly testified that he continued to experience pain resulting from the work-related injury. Citing...