Author Archives: Thomas A. Robinson

Ohio Employer Not Entitled to Unlimited Medical Release

An Ohio appellate court has refused to require a claimant seeking PTD benefits to deliver a signed, unlimited medical release to the employer [State ex rel. Costco Wholesale Corp. v. Howard, 2019-Ohio-1460, 2019 Ohio App. LEXIS 1560 (Apr. 18, 2019)]. … Continue reading

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Kansas High Court Says Amendment to “Failure to Move Forward” Statute Applies Retroactively

In a second recent case construing the effects of Kan. Stat. Ann. § 44-523(f)(1), which, according to the first such case, Glaze v. Williams, 2019 Kan. LEXIS 75 (Apr. 19, 2019)[see my post of yesterday], requires a workers compensation claimant … Continue reading

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What’s In A Comma?

Divided Kansas Supreme Court Argues Over Workers’ Comp Act’s “Failure to Move Forward” Statute In a divided decision, the Supreme Court of Kansas held that Kan. Stat. Ann. § 44-523(f)(1) requires a workers compensation claimant to move for an extension … Continue reading

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Oregon Supreme Court: Minimum Wage Law May Not Be Used to Determine Claimant’s Status as “Worker”

A commercial truck driver, who sustained injuries during an unpaid pre-employment drive test that consisted of an actual delivery for the prospective employer, was not a “worker,” as that term is defined by the Oregon Workers’ Compensation Act [Or. Rev. … Continue reading

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NY Court Reverses Board’s Decision to Disqualify Claimant From Future Benefits

Court Says Board Mischaracterized Videotape Surveillance Evidence A New York appellate court reversed a decision by the state’s Workers’ Compensation Board that disqualified a claimant from receiving future wage replacement benefits because he made false statements about his physical condition … Continue reading

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Missouri Court Affirms Award for Fall in Employer’s Parking Garage

45-Year Employee Did Not Face Similar Risk in Non-Employment Life A Missouri appellate court affirmed a decision by the state’s Labor and Industrial Relations Commission that awarded workers’ compensation benefits to a hospital employee who sustained injuries in a fall … Continue reading

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Deeply Divided MS Court Says Deceased Employee’s Ex-Wife May Impose Lien for Child Support

Lien Allowed in Spite of Fact that Children Had Been Adopted by Step-Father In a 5-4 decision, the Court of Appeals of Mississippi held the biological children of a deceased employee (and their mother) enjoyed a lien against the employee’s … Continue reading

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Ohio Supreme Court Says Federal Employment Standards May Not Be Used to Determine if Claimant Was Part of Workforce

An Ohio appellate court erred when, in trying to determine if a claimant was part of the active workforce, it turned to an article describing how the United States Department of Labor’s Bureau of Labor Statistics counts farm workers in … Continue reading

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Kansas Supreme Court Reiterates: “Idiopathic” and “Unknown” Are Not Synonyms

Case Sent Back to Board for Determination Consistent With its Holding In a case of first impression, the Supreme Court of Kansas, affirming a decision of the state’s Court of Appeals, held that “idiopathic” is not a synonym for “unknown” … Continue reading

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Colorado DIME Physician's Opinion Not Always Given Presumptive Deference

DIME Physician’s Opinions as to the Cause of Engineer’s Narcolepsy Not Afforded Special Deference By virtue of a special Colorado statute [Colo. Rev. Stat. § 8-42-107(8)(b)(III)], a division-sponsored independent medical examination (DIME) physician’s opinions concerning maximum medical improvement and impairment … Continue reading

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