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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...

Ohio: Firefighter’s Decision to Take Low Paying Job as Deer Herder Nixes Claim for Working Wage Loss

An Ohio appellate court recently found that a magistrate had properly determined the facts and applied the appropriate law in finding that the Commission had not abused its discretion when it, in turn, found that the worker, a former firefighter, had not utilized his best efforts to obtain suitable employment...

Virginia: Firefighter’s Presumption Requires Entitlement to “Some Form of Economic Indemnity”

In an opinion not designated for publication, a Virginia appellate court affirmed a decision by the state’s Workers’ Compensation Commission that held a retired firefighter-medic was not entitled to utilize the state’s “firefighter’s presumption” in connection with...

Georgia: Employer’s Subrogation Lien Fails Where No Proof That Injured Employee Had Been Made Whole

Unlike the situation in many other states, the subrogation lien of a Georgia employer and/or its insurer attaches to third-party recovery by the injured employee only after the injured employee has been fully and completely compensated for his economic and noneconomic losses [see OCGA § 34–9–11...

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...

Washington, D.C.: Absence of Wage Loss May be Considered in Determining Schedule Award

Addressing the question directly for the first time under the current version of the District of Columbia Workers’ Compensation Act, the D.C. Court of Appeals held that the Compensation Review Board (CRB) reasonably concluded that wage loss (or the absence thereof) may be considered, along with...