LexisNexis® Legal Newsroom
LexisNexis Workers' Comp Law Newsroom Staff
California: The Rules for Determining Permanent Disability Can Often Be Difficult to Predict

Labor Code Section 4660(d) provides that California’s Permanent Disability Rating Schedule (PDRS) shall promote consistency, uniformity and objectivity when it comes to determining an injured worker’s permanent disability. From reading this...

LexisNexis Workers' Comp Law Newsroom Staff
California: Emergency Service Personnel’s Heart Trouble Presumption

In most workers’ compensation cases, in order to establish an entitlement to benefits, it is the applicant’s initial burden of proof to establish that an injury or disease process arose out of employment and occurred in the course of employment...

Thomas A. Robinson
Kentucky: High Court Reiterates Four-Year Reopening Rule Does Not Always Refer to Date of Original Award

Pursuant to Ky. Rev. Stat. Ann. § 342.125(3), no claim may be reopened more than four years “following the date of the original award or order granting or denying benefits.” Where a worker’s original claim alleging a neck injury...

Thomas A. Robinson
New York: Insurance Carrier’s Notice of Cancellation Found Sufficient Under Statute

Where a workers’ compensation carrier produced a letter dated January 15, 2014, providing notice of cancellation of the policy to the employer effective January 31, 2014, and additional evidence obtained from the USPS established that the letter...

Thomas A. Robinson
Ohio: Firefighter’s Presumption Does Not Apply to ALS

An Ohio appellate court ruled recently that a trial court’s refusal to apply the special firefighter’s presumption contained in Ohio Rev. Code Ann. § 4123.68(W) to amyotrophic lateral sclerosis (ALS) was not error, in spite of the employee’s...

Thomas A. Robinson
Florida: JCC May Not Reduce Jointly Agreed Upon Attorney’s Fee

In what appears to be Florida’s never-ending battle over attorney’s fees within the workers’ compensation system, a state appellate court reversed a portion of a Judge of Compensation Claims that reduced the agreed upon amount of the...