Tag: MMI

Oct 4, 2022

NY Claimant Entitled to Marked Permanent Disability Award Instead of SLU Award

Construing the N.Y. Workers’ Compensation Guidelines for Determining Impairment, a state appellate court affirmed a decision of the Workers’ Compensation Board that held an injured employee’s foot injury was not...

NY Claimant Entitled to Marked Permanent Disability Award Instead of SLU Award NY Claimant Entitled to Marked Permanent Disability Award Instead of SLU Award
Nov 30, 2021

Full-Time, Seasonal Work Sinks Missouri Worker’s Second Injury Fund Claim

Where a Missouri employee was able to work on a full-time, seasonable basis following a second work-related injury, the Missouri Commission did not err in finding that the employee had...

Full-Time, Seasonal Work Sinks Missouri Worker’s Second Injury Fund Claim Full-Time, Seasonal Work Sinks Missouri Worker’s Second Injury Fund Claim
Aug 17, 2020

Opinion Mondays: The AMA is on Another Collision Course With Protz

The first session at tomorrow afternoon’s virtual conference, sponsored by Workers’ Compensation Institute, has really piqued my interest. Entitled, “THE NEW AMA Guides®” (hereinafter “the Guides”), it begs the question:...

Opinion Mondays: The AMA is on Another Collision Course With Protz Opinion Mondays: The AMA is on Another Collision Course With Protz
May 13, 2020

Virginia High Court Says Permanent Impairment Computed Before, Not After, Hip Replacement Surgery

In a decision that is likely to raise some eyebrows, a divided Supreme Court of Virginia, affirming an earlier decision by a lower appellate court, held that an injured employee’s...

Virginia High Court Says Permanent Impairment Computed Before, Not After, Hip Replacement Surgery Virginia High Court Says Permanent Impairment Computed Before, Not After, Hip Replacement Surgery
May 8, 2020

Florida Employee Awarded PTD Benefits 17 Years After Retirement

In a case in which the original work-related injury occurred two decades before the appellate decision, a Florida appellate court held that a JCC erred in focusing on a claimant's...

Florida Employee Awarded PTD Benefits 17 Years After Retirement Florida Employee Awarded PTD Benefits 17 Years After Retirement
Apr 9, 2019

Florida’s 6-Month Limitation on Temporary “Physical-Mental” Benefits is Constitutional

A Florida appellate court has upheld the constitutionality of a provision within the state’s Workers’ Compensation Act [§ 440.093(3), Fla. Stat.] that cuts off temporary benefits for psychiatric injuries six...

Florida’s 6-Month Limitation on Temporary “Physical-Mental” Benefits is Constitutional Florida’s 6-Month Limitation on Temporary “Physical-Mental” Benefits is Constitutional
Mar 15, 2019

Colorado ALJ May Not Find MMI Without Appropriate Expert Medical Opinion

A Colorado appellate court recently held that a workers’ compensation claimant may not be placed at the point of maximum medical improvement (MMI) where neither the claimant’s treating physician nor...

Colorado ALJ May Not Find MMI Without Appropriate Expert Medical Opinion Colorado ALJ May Not Find MMI Without Appropriate Expert Medical Opinion
Nov 19, 2018

Massive Stroke After MMI Does Not Result in Loss of Nebraska PTD Benefits

Where an employee sustained work-related injuries, reached maximum medical improvement (MMI), and, based on factual findings by Nebraska’s Workers’ Compensation Court (WCC), was adjudged to be permanently and totally disabled,...

Massive Stroke After MMI Does Not Result in Loss of Nebraska PTD Benefits Massive Stroke After MMI Does Not Result in Loss of Nebraska PTD Benefits
Jul 27, 2017

Maine High Court Blocks Employer’s Attempt to Challenge Continued Existence of Disability

Highlighting the fine line that exists, on the one hand, between a party’s attempt to relitigate an issue already decided and, on the other hand, a party’s contention that a...

Maine High Court Blocks Employer’s Attempt to Challenge Continued Existence of Disability Maine High Court Blocks Employer’s Attempt to Challenge Continued Existence of Disability
Jun 9, 2016

Florida High Court Strikes Down 104-Week Limitation on TTD Benefits

Earlier today (June 9, 2016), a divided Supreme Court of Florida rendered its long-awaited decision in Westphal v. City of St. Petersburg [No. SC13–1976], striking down as unconstitutional the state’s...

Florida High Court Strikes Down 104-Week Limitation on TTD Benefits Florida High Court Strikes Down 104-Week Limitation on TTD Benefits