Monthly Archives: March 2013

Virginia: Employee’s Refusal of Second Knee Surgery Justified

On Tuesday, a Virginia appellate court affirmed a decision of the state’s Workers’ Compensation Commission that reinstated disability benefits to a convenience store employee who refused to undergo recommended surgery–a Fulkerson osteotomy–in order to relieve knee pain and allow greater … Continue reading

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Maine: Employer Not Entitled to Offset Incapacity Benefits Against Specific Loss Award for Amputation

The Supreme Judicial Court of Maine recently reversed an award by the state’s Workers’ Compensation Board that had granted an employee specific loss benefits for the amputation of a finger, but also permitted the employer to offset incapacity benefits paid … Continue reading

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New York: No Death Benefits Awarded Where Work-Related Heart Attack Occurred 24 Years Earlier

A New York appellate court recently affirmed a finding by the state’s Workers’ Compensation Board that ruled that the death of claimant’s husband was not causally related to his employment and denied claimant’s claim for workers’ compensation death benefits where … Continue reading

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Ohio: Appellate Court Distinguishes Case from Earlier Moorehead Decision: No Loss of Use of Trucker’s Legs Where He May Have Survived Wreck for Brief Period of Time

An Ohio appellate court recently affirmed a decision by the state’s Industrial Commission that had denied additional workers’ compensation benefits for the scheduled loss of use of both of a truck driver’s lower extremities in connection with a work-related vehicular … Continue reading

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Ohio: Truck Driver’s Termination For Causing Accident in Which He Sustained Injuries Does Not Disqualify Him From TTD Benefits

In State ex rel. Haddox v. Industrial Comm’n, 2013 Ohio 794, 2013 Ohio LEXIS 618 (Mar. 12, 2013), the Supreme Court of Ohio recently affirmed an appellate court’s decision that the state’s Industrial Commission had abused its discretion in finding … Continue reading

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