Ohio Supreme Court Continues to Clarify Abandonment of Workforce Rule

NC Employer May Not Use Truck Driver’s “Misconduct” in Causing Accident as Excuse for Denying TTD Benefits

Where a North Carolina truck driver was terminated from employment because the employer determined that the driver had been at fault in causing an accident that resulted in his injuries,...

Virginia Worker’s Post-Injury Decision to be “Off-Work” Due to COVID-19 Sinks TTD Claim

A Virginia part-time employee, who was able to work without restrictions for three months, following a work-related injury, and who then was “taken off work” by his cardiologist because of...

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...

“Don’t Lift that Box”: Georgia Worker Fired For Insubordination, Not Because of His Injury

That the firing of a worker has some connection to his or her work-related injury is insufficient, in and of itself, to support an award of temporary disability benefits following...

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...

Wyoming Court Says Division’s Rule Setting Arbitrary Limitation on TTD Benefits Is Invalid

Wyo. Stat. Ann. § 27–14–404 limits awards of TTD benefits to twenty-four months, but gives the Wyoming Worker’s Safety and Compensation Division (the Division) discretionary authority to extend the time...

Nebraska Retail Worker Awarded TTD Benefits and Continued Medical Care to Deal With PTSD and Drug Dependency Following Work-Related Shooting

In a recent case with rather bizarre underlying facts, the Supreme Court of Nebraska affirmed an award of temporary total disability benefits for an employee’s PTSD condition and inpatient treatment...

Ohio: Unpaid Work for Wife’s Business Warranted Forfeiture of Benefits, But Not Finding of Fraudulent Activity

The Supreme Court of Ohio, affirming a decision of a lower level appellate court, recently held that while a claimant could not receive temporary total disability (TTD) benefits for any...