Tag: loss of use

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
Dec 18, 2020

NY Claimant Should Be Awarded Scheduled Injury to Leg for Serious Hamstring Tear

Reversing a decision by the state’s Workers’ Compensation Board, a New York appellate court held that, contrary to the Board’s interpretation, in the absence of specific instructions regarding hamstring tears...

NY Claimant Should Be Awarded Scheduled Injury to Leg for Serious Hamstring Tear NY Claimant Should Be Awarded Scheduled Injury to Leg for Serious Hamstring Tear
Oct 7, 2020

NY Employer Allowed 10 Percent Credit for Claimant's Prior SLU Injury to Same Leg

A New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that held a claimant was entitled to a 7.5 percent schedule loss of use (“SLU”) of...

NY Employer Allowed 10 Percent Credit for Claimant's Prior SLU Injury to Same Leg NY Employer Allowed 10 Percent Credit for Claimant's Prior SLU Injury to Same Leg
Sep 22, 2020

District of Columbia's Public Sector Comp Act Does Not Provide Schedule Benefits for PTSD

The District of Columbia Court of Appeals held that a public-sector employee may not recover schedule benefits for PTSD pursuant to D.C. Code § 1-623.07 (2016 Repl.) since that statute...

District of Columbia's Public Sector Comp Act Does Not Provide Schedule Benefits for PTSD District of Columbia's Public Sector Comp Act Does Not Provide Schedule Benefits for PTSD
Aug 27, 2020

CT High Court Says Transplanted Heart is Not a Prosthetic Device

The Supreme Court of Connecticut held that a transplanted heart is not in the nature of a prosthetic device. Accordingly, where a police officer sustained a compensable rare autoimmune disease...

CT High Court Says Transplanted Heart is Not a Prosthetic Device CT High Court Says Transplanted Heart is Not a Prosthetic Device
Mar 2, 2020

NY Court Disapproves of Board’s “Virtual Banking” of Benefits Where Claimant Returns to Work at Preinjury Wages

Where a law judge found that an injured New York worker was entitled to a PPD classification based on impairments to her cervical and lumbar spine, entitling her to nonschedule...

NY Court Disapproves of Board’s “Virtual Banking” of Benefits Where Claimant Returns to Work at Preinjury Wages NY Court Disapproves of Board’s “Virtual Banking” of Benefits Where Claimant Returns to Work at Preinjury Wages
Jan 16, 2020

Virginia Court Says Injuries Occurring Two Years Apart Can Actually Be From the “Same Accident”

Construing Va. Code Ann. § 65.2-503(C), which provides for PTD benefits, rather than PPD benefits, when an individual suffers the loss of use of two limbs in the same accident,...

Virginia Court Says Injuries Occurring Two Years Apart Can Actually Be From the “Same Accident” Virginia Court Says Injuries Occurring Two Years Apart Can Actually Be From the “Same Accident”
May 20, 2019

NY’s Public Assistance Benefits Are Wages for Purposes of Computing Loss of Use Award

Public assistance benefits paid to participants in a New York work experience program (WEP) are “wages,” as that term is defined in the state’s Workers’ Compensation Law [N.Y. Workers’ Comp....

NY’s Public Assistance Benefits Are Wages for Purposes of Computing Loss of Use Award NY’s Public Assistance Benefits Are Wages for Purposes of Computing Loss of Use Award
Mar 23, 2013

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...

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 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
Sep 24, 2012

Ohio: Total Loss of Use of Rotator Cuff Does Not Mean Loss of Use of Arm

In Ohio, with the exceptions of hearing and sight, scheduled loss compensation was originally limited to amputation. More recently, however, (see State ex rel. Kroger Co. v. Johnson, 128 Ohio...

Ohio: Total Loss of Use of Rotator Cuff Does Not Mean Loss of Use of Arm Ohio: Total Loss of Use of Rotator Cuff Does Not Mean Loss of Use of Arm