Tag: discretion

May 5, 2022

NC Court Reiterates that Full Commission, Not the Deputy Commissioner, is the Ultimate Factfinder

N.C. Gen. Stat. § 97-85(a), which empowers the North Carolina Industrial Commission to reconsider the evidence before the deputy commissioner, and to amend the deputy commissioner’s award “if good ground...

NC Court Reiterates that Full Commission, Not the Deputy Commissioner, is the Ultimate Factfinder NC Court Reiterates that Full Commission, Not the Deputy Commissioner, is the Ultimate Factfinder
Jan 3, 2022

NY Board Abused Discretion in Failing to Allow Carrier’s Review Application

In a claim tangental to a highly-publicized 2019 indictment for alleged workers’ compensation fraud, a New York appellate court held that the state’s Workers’ Compensation Board abused its discretion when...

NY Board Abused Discretion in Failing to Allow Carrier’s Review Application NY Board Abused Discretion in Failing to Allow Carrier’s Review Application
Dec 10, 2021

SC Appellate Court Chides Commission for Summarily Dismissing Appeal

In a stinging decision, the Court of Appeals of South Carolina ruled that the state’s Workers’ Compensation Commission had abused its discretion in summarily dismissing the appeal by an insurance...

SC Appellate Court Chides Commission for Summarily Dismissing Appeal SC Appellate Court Chides Commission for Summarily Dismissing Appeal
Nov 9, 2021

Battle of the Forms: NY Board Abuses Discretion in Failing to Reopen Claim

Where there was a clear discrepancy between the schedule loss of use (SLU) percentage indicated on the face of a surgeon’s C-4.3 form (Doctor’s Report of Maximum Medical Improvement/Permanent Impairment)...

Battle of the Forms: NY Board Abuses Discretion in Failing to Reopen Claim Battle of the Forms: NY Board Abuses Discretion in Failing to Reopen Claim
Jun 21, 2021

NY Law Firm’s $52K Fee Request Will be Reconsidered by Board

In a relatively unusual move, the Appellate Division of the Supreme Court of New York (Third Department) vacated its October 8, 2020 decision [reported at 187 A.D.3d 1297, 132 N.Y.S.3d...

NY Law Firm’s $52K Fee Request Will be Reconsidered by Board NY Law Firm’s $52K Fee Request Will be Reconsidered by Board
Mar 16, 2021

Comp Worker’s Claim Fails Due to Untimely Report of Injury to NY Employer

Stressing that under N.Y. Workers’ Comp. Law § 18, an injured employee is required to give written notice of any work-related injury to his or her employer within 30 days,...

Comp Worker’s Claim Fails Due to Untimely Report of Injury to NY Employer Comp Worker’s Claim Fails Due to Untimely Report of Injury to NY Employer
Dec 13, 2019

State Court Strikes Down New York Board’s Eight-Page Brief Limitation

A regulation of New York’s Workers’ Compensation Board [N.Y. Comp. Codes R. & Regs., tit. 12, § 300.13(b)(1)(i)] that authorizes the Board to dismiss an application for Board review where...

State Court Strikes Down New York Board’s Eight-Page Brief Limitation State Court Strikes Down New York Board’s Eight-Page Brief Limitation
May 9, 2019

Missouri Court Says Medical “Expert” Need Not be an M.D.

Opinion of Audiologist With Ph.D. Trumps Opinion of M.D. A Missouri appellate court has affirmed a decision of the state’s Labor and Industrial Relations Commission awarding permanent partial disability benefits...

Missouri Court Says Medical “Expert” Need Not be an M.D. Missouri Court Says Medical “Expert” Need Not be an M.D.