Tag Archives: disqualification

Ohio Court Again Says TTD Benefits Unaffected by Pre-Injury Drug Use Undetected Until After Injury

An Ohio appellate court has again concluded that the doctrine of voluntary abandonment does not bar an injured worker’s entitlement to TTD compensation in a case involving a pre-injury infraction—here, marijuana use—undetected until after injury, where there was no showing … Continue reading

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Florida Court Says Judge Should Have Disqualified Himself For Bias

In Kline v. JRD Management Corp., 2015 Fla. App. LEXIS 8364 (1st DCA, June 2, 2015), a Florida appellate court recently held that a judge of compensation claims (“JCC”) erred in denying a claimant’s motion to disqualify himself because of … Continue reading

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Benign Neglect: Can Failure to Follow Doctor’s Advice Be Fatal to Injured Worker’s Claim?

Within the workers’ compensation arena, it is axiomatic that the medical consequences and sequelae that flow from the primary injury are themselves compensable. [see Larson’s Workers’ Compensation Law, § 10.01]. It is uniformly held, therefore, that aggravation of the primary … Continue reading

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