Monthly Archives: June 2013

Vermont: AMA Guides Are Mandatory for Impairment Rating Purposes–Not Diagnosis of Condition Itself

The Supreme Court of Vermont, in a split decision, recently held that while the AMA Guides (5th Ed.) are determinative with respect to “any determination of the existence and degree of permanent partial impairment” associated with a work-related injury, the … Continue reading

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Ohio: Court Reverses Award For Facial Disfigurement Where Commission’s Findings Were Inadequate Under Statute

An Ohio appellate court recently reversed an award by the state’s Industrial Commission that allowed a claimant $4,000 of additional compensation for facial disfigurement under Ohio Rev. Code § 4123.57(B), finding that the required findings as to seriousness and future … Continue reading

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Connecticut: Special Statute Providing Benefits to Police Officers and Firefighters Injured During “Commute” Did Not Apply to Injury in Officer’s Driveway

The basic “going and coming” rule, in effect in the vast majority of jurisdictions, is that for an employee having fixed hours and place of work, injuries sustained going to and from work do not arise out of and in … Continue reading

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Ohio: Supreme Court Reiterates that Mental Injury Must Be Caused By, and Not Merely Contemporaneous With, Physical Injury To Support Comp Claim

In a divided decision affirming a ruling last year by a state intermediate appellate court, the Supreme Court of Ohio has reiterated that in order for a mental condition (here PTSD) to be compensable under the Ohio workers’ compensation system, … Continue reading

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Nebraska: High Court Affirms Dismissal of Intentional Tort Action Filed Against Employer That Violated Multiple OSHA Regulations; Action Barred by Exclusive Remedy Defense

The Supreme Court of Nebraska recently affirmed a decision of a county district court that had dismissed a tort action filed against the defendant-employer by the estate of an employee who died of asphyxiation after being engulfed in grain inside … Continue reading

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Durham, NC: Recovering from Appendicitis

As a number of my friends and colleagues already know, I’ve been out of commission for the past nine days.  I underwent surgery eight days ago for a ruptured appendix.  A few days thereafter, shortly after I had been discharged … Continue reading

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