Wyoming High Court Says MD’s Certification is Not Required in Odd Lot Cases

Post-Injury Felony Conviction Not a Factor in Determining PA Employee’s Earning Power

A Pennsylvania WCJ need not consider non-work-related injury limitations that were the result of actions that occurred after the work-related injury as part of a Pennsylvania injured employee’s “residual productive...

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...

Kentucky High Court Construes Mental Injury Statute and Affirms Award

Acknowledging that pursuant to KRS 342.0011(1), Kentucky does not allow recovery for work-related psychological injuries unless they are the “direct result” of a physical injury [emphasis added], the Supreme Court...

Nevada Court Affirms PTD Award to Undocumented Worker on Odd-Lot Basis

In an unpublished decision, the Supreme Court of Nevada affirmed an award of permanent total disability benefits to an undocumented worker who sustained severe injuries to his head when a...

Ohio Claimant May Not Receive PTD Benefits Where He Abandons the Workforce

The Supreme Court of Ohio affirmed a lower’s court’s decision that an injured worker was not entitled to permanent total disability (PTD) benefits because he had abandoned the workforce [State...

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...

Broken Ankle Results in Permanent Total Disability for Nebraska Truck Driver

Illustrating yet again, that the age-old adage that an employer generally takes an employee as it finds him or her, a Nebraska appellate court affirmed a finding by the state’s...

S.C. Supreme Court Says Return to Work Insufficient to Rebut Presumption of PTD Where Impairment to Back is Greater Than 50 Percent

Yesterday, in a divided decision, the Supreme Court of South Carolina, overruling an earlier decision of the state’s Court of Appeals, held that evidence of subsequent employment is insufficient by...

Tennessee Court Awards Permanent Total Benefits For Worker’s Migraines

The Supreme Court of Tennessee’s Special Workers’ Compensation Appeals Panel recently affirmed a decision by a state trial court awarding an X-ray technician permanent and total disability benefits because of...

Ohio: Comatose Injured Worker’s Additional Claim for Loss of Vision and Hearing Fails

The Supreme Court of Ohio, reversing an earlier decision by an intermediate appellate court, recently affirmed the state Industrial Commission’s denial of a loss of vision and hearing claim under...