Tag: PPD

Mar 29, 2022

MT Court Weighs Difficult AWW Issues in Concurrent Employment Claim

In a decision that illustrates the tender balance attempted in state Workers’ Compensation Acts between fairness to the injured employee and fairness to the employer and/or carrier, the Workers’ Compensation...

MT Court Weighs Difficult AWW Issues in Concurrent Employment Claim MT Court Weighs Difficult AWW Issues in Concurrent Employment Claim
Sep 24, 2021

Iowa Court Affirms PPD Award Where Effects of Knee Injury Extended Beyond the Leg

Stressing that a claimant’s “injury” and “impairment” are not necessarily equivalents, an Iowa appellate court affirmed a determination that an injured worker was entitled to permanent partial disability benefits; he...

Iowa Court Affirms PPD Award Where Effects of Knee Injury Extended Beyond the Leg Iowa Court Affirms PPD Award Where Effects of Knee Injury Extended Beyond the Leg
Sep 14, 2021

Res Judicata Does Not Bar KY Employee From Reopening Claim

Quoting Larson’s Workers’ Compensation Law, and stressing that the doctrine of res judicata should be applied differently in workers’ compensation cases than in the usual context of a judicial action,...

Res Judicata Does Not Bar KY Employee From Reopening Claim Res Judicata Does Not Bar KY Employee From Reopening Claim
Aug 5, 2021

Half of Virginia Claimant’s PPD Apportioned to Pre-Existing Condition

In a decision not designated for publication, a Virginia appellate court affirmed a finding of the state’s Workers’ Compensation Commission that an injured employee’s work-related accident had caused only a...

Half of Virginia Claimant’s PPD Apportioned to Pre-Existing Condition Half of Virginia Claimant’s PPD Apportioned to Pre-Existing Condition
Apr 5, 2021

NY High Court Says Claimant’s Estate Due Only Portion of Posthumous SLU Award

The Court of Appeals of New York, construing N.Y. Workers’ Comp. Law § 15(4)(d), which generally limits recovery by a claimant’s estate to an amount not exceeding reasonable funeral expenses...

NY High Court Says Claimant’s Estate Due Only Portion of Posthumous SLU Award NY High Court Says Claimant’s Estate Due Only Portion of Posthumous SLU Award
Jan 20, 2021

MS Court Reiterates Claimant May Qualify for PPD Benefits in Spite of Increased Earnings

The Court of Appeals of Mississippi affirmed a decision of the state's Workers' Compensation Commission that found an injured worker was entitled to PPD benefits of $81.38 per week for...

MS Court Reiterates Claimant May Qualify for PPD Benefits in Spite of Increased Earnings MS Court Reiterates Claimant May Qualify for PPD Benefits in Spite of Increased Earnings
Oct 15, 2020

Nevada Firefighter Due PPD Benefits For Cancer Diagnosed After Retirement

A county firefighter, who was diagnosed with prostate cancer three years after his retirement, and who had been given a 40 percent disability rating, was entitled to PPD benefits based...

Nevada Firefighter Due PPD Benefits For Cancer Diagnosed After Retirement Nevada Firefighter Due PPD Benefits For Cancer Diagnosed After Retirement
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
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
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
Feb 12, 2020

New York SLU Awards Made for “Members”, not for Body Parts Making up Those Members

Under N.Y. Workers’ Comp. Law § 15(3), schedule loss of use (SLU) awards may be awarded only for a statutorily-enumerated member — for example, a leg or an arm —...

New York SLU Awards Made for “Members”, not for Body Parts Making up Those Members New York SLU Awards Made for “Members”, not for Body Parts Making up Those Members