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Manifest Destiny: Maryland Court Expands Commission Jurisdiction Pending Appeal

By Lance G. Montour, Partner, Humphreys, McLaughlin & McAleer, LLC The above case, Sanchez v. Potomac Abatement, Inc., et al., ___ Md. ___, ___ A.3d ___ (April 27, 2011) , is a dangerous new case concerning retained jurisdiction by the Commission while a claim is pending an appeal. Being familiar...

Cal. Comp. Cases October Advanced Postings (9/29/2011)

Here’s the first batch of advanced postings for the October 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. Charter Oak Unified School District, PSI, York Insurance Services Group...

Cal. Comp. Cases October Advanced Postings (9/29/2011)

Here’s the first batch of advanced postings for the October 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. Charter Oak Unified School District, PSI, York Insurance Services Group...

Nevada: Are Your Benefits Calculated Correctly?

When the adjuster sends you a benefit check if you are out of work due to your work accident, she should also send you a letter telling you how she calculated your average monthly wage (AMW). The AMW is the amount used to calculate your out-of-work compensation benefits and your permanent partial disability...

Nevada: Are Your Benefits Calculated Correctly?

When the adjuster sends you a benefit check if you are out of work due to your work accident, she should also send you a letter telling you how she calculated your average monthly wage (AMW). The AMW is the amount used to calculate your out-of-work compensation benefits and your permanent partial disability...

MO: Police Chief Awarded Disability For Wiping Car Window

A police chief who describes acute neck pain after wiping the inside window of his unmarked police car performed "integral" police work under Missouri law. Whiteley v City of Poplar Bluff , No. SD 31287 (Mo. App. Oct. 11, 2011), affirmed an award of medical and PPD benefits from the Commission...

MO: Police Chief Awarded Disability For Wiping Car Window

A police chief who describes acute neck pain after wiping the inside window of his unmarked police car performed "integral" police work under Missouri law. Whiteley v City of Poplar Bluff , No. SD 31287 (Mo. App. Oct. 11, 2011), affirmed an award of medical and PPD benefits from the Commission...

MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier

The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award of PPD but a denial of PTD benefits awarded by...

MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier

The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award of PPD but a denial of PTD benefits awarded by...

New York Court of Appeals Upholds ATF Deposit on PPD Cases

By Ronald Balter, Esq. More than four years after the legislature enacted mandatory Aggregate Trust Fund deposits in all cases in which a claimant was classified as having a permanent partial disability after July 1, 2007 and involving a private workers' compensation carrier, litigation challenging...

MO: Commission Thwarts Statutory Reform For 'Objective' Findings

Statutory reform in Missouri requires that objective findings trump conflicting subjective findings. When a doctor concludes claimant can work based on FCE results but claimant state he can't, does the FCE "objective" findings control? In the case of Reichardt v Industrial Sheet Metal...

Nevada: Terrible New Decision for Injured Workers on PPD Ratings

Just before Thanksgiving, the Nevada Supreme Court published a turkey of a decision that robs injured workers of disability award money. In Public Agency Compensation Trust v. Blake, 127 Nev. Adv. Op. 77 (2011), the court invalidated a long-standing DIR regulation that addressed how rating doctors are...

WCRI’s Baseline for Evaluating Impact of North Carolina’s 2011 Workers’ Comp Reforms: A Measuring Stick That Falls Short

By Vernon Sumwalt WCRI’s “ Baseline for Evaluating Impact of 2011 Reforms in North Carolina: CompScope™ Benchmarks, 12th Edition ” (the “WCRI study”) tries to provide a measuring stick to evaluate the 2011 amendments to the North Carolina Workers’ Compensation...

Missouri: Chasing Bad Guy Arises Out of Employment

A robber wearing a ski mask and carrying a box cutter demanded claimant turn over his employer's money. When the employer had only $1 on premises, the robber stole claimant's cell phone and fled. The robber dropped the cell phone but when claimant tried to pick it up he slipped and fell and hurt...

New York Workers’ Comp Stakeholders Continue to Absorb 2007 Reform Changes

During the past year, stakeholders in the workers’ compensation system in New York have continued to absorb legislative and administrative changes initiated by the 2007 reform. Maximum indemnity rates are now indexed to two-thirds of the State Average Weekly Wage. For accidents occurring on or...

New York Workers’ Comp Stakeholders Continue to Absorb 2007 Reform Changes

During the past year, stakeholders in the workers’ compensation system in New York have continued to absorb legislative and administrative changes initiated by the 2007 reform. Maximum indemnity rates are now indexed to two-thirds of the State Average Weekly Wage. For accidents occurring on or...

NCCI: States That Switch to AMA Guides Sixth Edition See Big Drop in Impairment Ratings

NCCI has recently analyzed the impact of the AMA Guides Sixth Edition for three states that recently switched from the Fifth Edition to the Sixth Edition, finding a trend where substantial decreases in impairment ratings resulted. In Tennessee, impairment ratings for part of the body dropped by 16...

NCCI: States That Switch to AMA Guides Sixth Edition See Big Drop in Impairment Ratings

NCCI has recently analyzed the impact of the AMA Guides Sixth Edition for three states that recently switched from the Fifth Edition to the Sixth Edition, finding a trend where substantial decreases in impairment ratings resulted. In Tennessee, impairment ratings for part of the body dropped by 16...

Missouri: Employer May Still Contest PPD Despite Late Answer

The only medical expert who assessed disability concluded that the injured worker sustained 30% disability to his left eye when he was struck with a piece of wood, but claimant asserted on appeal that he should have no less than 75% disability because he pled that amount on the claim form and the employer...

100th Anniversary of New York Workers’ Compensation Law

By Ronald E. Weiss, Esq. and Ronald Balter, Esq. 2014 marks the 100th anniversary of the enactment of New York’s Workers’ (then Workmens’) Compensation Law. It is well known that the death of so many workers in the horrific Triangle Shirtwaist Factory fire moved New York’s...

Oregon: Claimant’s Estate May Pursue PPD Claim Filed Prior to Claimant’s Death

Reversing the state’s Court of Appeals, the Supreme Court of Oregon held an estate was authorized to pursue a request for hearing seeking an award of PPD benefits that claimant filed before his death, in spite of the fact that the cause of his death was unrelated to the work injury. The Court reasoned...

Oklahoma: Supreme Court Strikes Down Yet Another Provision in State’s Comp Act

In a split (7–2) decision, the Supreme Court of Oklahoma has struck down yet another provision of the state’s controversial 2013 “reform” of its workers’ compensation law. The provision, Okla. Stat. tit. 85A, § 45(C)(5), defers the payment of a permanent partial disability...

New Jersey Workers’ Compensation Trends for 2016

By Richard B. Rubenstein, Esq. Assembly Bill 3401, signed into law on November 14, 2016, mandates that workers’ compensation carriers and third-party administrators adopt a method for processing electronic bills for medical treatment rendered on New Jersey workers’ compensation cases....

Alabama: Trial Court Judge Rules State’s Workers’ Compensation Act Unconstitutional

An Alabama Circuit Court Judge found unconstitutional two separate provisions of the Alabama Workers’ Compensation Act—the $220 cap on weekly PPD benefits [Ala. Code § 25–5–68] and a 15 percent cap on attorneys’ fees [Ala. Code § 25–5–90(a)]. Because...

Judge Strikes Down Alabama Workers’ Compensation Act as Unconstitutional

An Alabama Circuit Court Judge found unconstitutional two separate provisions of the Alabama Workers’ Compensation Act—the $220 cap on weekly PPD benefits [Ala. Code § 25-5-68] and a 15 percent cap on attorneys’ fees [Ala. Code § 25-5-90(a)]. Because the Alabama Legislature...