LexisNexis® Legal Newsroom
West Virginia Supreme Court Applies Special Employer Rule to Find Temporary Employer Immune From Common Law Suits

By H. Dill Battle, III The Supreme Court of Appeals of West Virginia recently decided that a second employer can be considered a “special employer” giving rise to special employment status for workers’ compensation immunity purposes. The specific issue of whether a temporary employer...

Workers' Comp Fraud Blotter (7/19/2012) – Movin’ On Good Buddy: Disabled Truck Driver Crosses State Line To Keep On Trucking

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud Blotter...

Workers' Comp Fraud Blotter (7/26/2012) – School Custodian Sells Houses While On Disability

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud Blotter...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (7/30/2012)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: Matthew Bender Celebrates 125 Years of Trusted Analytical Content: Save 25% Thru 7/31/12 . NCCI Posts...

Workers' Comp Fraud Blotter (8/2/2012) – Arrests Made In “Operation Dirty Money” Check Cashing Scheme

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud Blotter...

Vermont Workers' Compensation Update: July to September 2012

DEPARTMENT OF LABOR DECISIONS Westover v North Country Hospital , Opinion No. 19-12WC (July 20, 2012). Claimant found to have CRPS, therefore not at medical end result. Defendant's IME opinions undercut in part due to lack of review of complete medical record. Furthermore, Defendant "waived...

Larson’s Spotlight on Recent Cases: No Waiver of Benefits by Quitting Job That Offered Light Duty Work

Larson's Spotlight on Waiver of Benefits, Intervention, Psychiatric Claim, and Borrowed Employee. 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 compiled the list below. ...

Slight Increase in California Average Wage Means a Minor Bump in 2014 Workers’ Comp Benefits

California’s State Average Weekly Wage (SAWW) rose less than 1 percent from $1,059.38 to $1,067.25 in the 12 months ending March 31, 2013, which the California Workers’ Compensation Institute (CWCI) reports will boost temporary total disability (TTD) rates for 2014 work injury claims, as...

Ohio: Employee Barred From Additional Benefits When She Walks Away from Light-Duty Position

The Supreme Court of Ohio affirmed a decision by the state’s Court of Appeals that held that an injured employee was disqualified from receiving additional temporary total disability benefits because she had abandoned her employment where, following her injury, the employee began working in a light...

New Mexico: No Statutory Limitation on Duration of Temporary Total Disability Benefits

Reversing a decision of the state’s Court of Appeals, the Supreme Court of New Mexico held that an injured employee’s eligibility for TTD benefits is not limited to 500 or 700 weeks—depending upon the severity of the disability—as is the case for permanent partial disability benefits...

Ohio: Violation of Attendance Rule Amounts to Abandonment of Employment; No TTD Benefits

The Supreme Court of Ohio, affirming a decision of a lower appellate court, held that a claimant’s termination from employment for violating the written attendance policy in her union contract was evidence of voluntary abandonment of her employment that justified the Industrial Commission’s...

Alaska: TTD Benefits Denied Where Claimant Voluntarily Left Workforce

The Supreme Court of Alaska affirmed in relevant part a decision by the state’s Workers’ Compensation Commission that had denied TTD benefits to a claimant on the basis that the claimant voluntarily quit his position and left the workforce for reasons unrelated to his original injury. The...

Ohio: Angry Worker Storms Off and Later Loses Claim for TTD Because He Abandoned Workforce

A divided Supreme Court of Ohio affirmed a finding of the state’s Industrial Commission that a worker was not entitled to TTD benefits because he had voluntarily abandoned the workforce when he quit his job on the same day that he reported to work with a note from his doctor restricting him to...

Defendant Entitled to Credit for Full Amount of Long-Term Disability Benefits: Cal. Comp. Cases February Advanced Postings (2/5/2015)

Here’s the second batch of advanced postings for February 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. Jessie Lee Sherrod, Petitioner v...

CWCI Reports California Workers’ Comp Benefits Will Increase in 2016

California’s State Average Weekly Wage (SAWW) rose just under 2.3 percent from $1,095.70 to $1,120.67 in the year ending March 31, 2015, which the California Workers’ Compensation Institute (CWCI) notes will boost temporary total disability (TTD) and permanent total disability (PTD) rates...

Florida Workers’ Compensation: The Great Wait

All eyes are on Florida and the key challenges to its workers’ comp laws, including whether the “Grand Bargain” exists One year ago when the Foreword to the 2014 Edition of Dubreuil’s Florida Workers’ Compensation Handbook (LexisNexis) was prepared we noted two significant...

Nevada: Lack of “Salary” No Bar to TTD Benefits for Self-Employed FedEx Driver

The Nevada Supreme Court held that a self-employed delivery driver who contracted with FedEx Home Delivery for one of its routes was entitled to TTD benefits in spite of his lack of a “salary” in a traditional sense. The driver acknowledged that he continued to receive the same compensation...

Virginia: Injury That Occurred Two Weeks After Notice of Retirement Qualifies Employee for Temporary Total Disability Benefits

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 remainder of the month, he was entitled...

Missouri Supreme Court Rejects MMI as Bright Line Test to Award TTD

Cases that hold maximum medical improvement (MMI) as a bright line test to end all TTD “should no longer be followed,” according to the Missouri Supreme Court in Greer v Sysco Food Services , SC 94724 (Mo. 2015) 2015 MO Lexis 248 (Lexis Advance), 2015 MO Lexis 248 (lexis.com). The case...

Missouri: Claimant May Be Awarded TTD Benefits Even After Maximum Medical Improvement

Indicating that it was “not eliminating the concept of maximum medical improvement from the workers’ compensation lexicon,” the Supreme Court of Missouri held that while It was plausible, and likely probable, that the MMI date and the end of the rehabilitative process would coincide...

District of Columbia: Denial of Continued TTD Benefits Appropriate Where Claimant Exaggerated Symptoms

A District of Columbia appellate court held substantial evidence supported the CRB’s ruling that a workers’ compensation claimant had undergone a change in condition and was no longer totally disabled and no longer entitled to TTD benefits where, during a hearing, the ALJ inferred from the...

North Carolina: Auto Parts Employee Awarded Extensive TTD Benefits for PTSD Following Robbery

A North Carolina appellate court affirmed an award of continuing TTD benefits to a salesperson and driver for an auto parts store who complained of chest pains and a throbbing headache following an armed robbery at the employer’s store, but was nevertheless required to work the remainder of his...

Connecticut: FedEx Driver Recovers for Physical and Psychological Injuries

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 detected an abnormal heart rhythm and...

CWCI Notes California Workers’ Comp Benefit Increases For 2017

California’s State Average Weekly Wage (SAWW) rose just over 3.9 percent from $1,120.67 to $1,164.51 in the year ending March 31, 2016, which the California Workers’ Compensation Institute (CWCI) reports will boost temporary total disability (TTD) and permanent total disability (PTD) rates...

Florida: 104-Week Limit on TTD Benefits Found Unconstitutional

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 in § 440.15(2), Fla. Stat.], violated...