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Workers' Compensation News

 

Court Remands Case to Address Claimant's Intellectual Limitations 09/02/2021
State: KY | Segment: SOUTH | 0 | Popular with Legal
The Kentucky Court of Appeals ruled that additional proceedings are necessary to determine if a worker’s significant intellectual limitations ought to excuse his delay in filing a claim. ...Read More
 
 

Court Asks General Assembly to Clarify Trigger for Filing Period 09/01/2021
State: GA | Segment: SOUTH | 0 | Popular with Legal
The Georgia Court of Appeals asked lawmakers to consider providing a clear standard for determining when payment of benefits is “actually made” to trigger the statute of limitations for a worker to seek additional compensation. ...Read More
 
 

Carrier's Discovery Abuse Results in Sanctions Striking Evidence, Testimony 09/01/2021
State: MT | Segment: WEST | 0 | Popular with Legal
The Montana Workers’ Compensation Court granted a worker’s motion to strike an insurance carrier’s surveillance video and witness testimony as a sanction for its failure to timely disclose and produce the footage during discovery. ...Read More
 
 

Court Revives Worker's Labor Law Claim Due to Dispute Over Cause of Fall 09/01/2021
State: NY | Segment: NORTH | 0 | Popular with Legal
A New York appellate court revived an injured worker’s Labor Law claim based on his fall from a ladder, finding there was a triable issue as to the cause of the accident. ...Read More
 
 

Court Upholds Reduced Award for Pain, Suffering 09/01/2021
State: NY | Segment: NORTH | 0 | Popular with Insurance
A New York appellate court upheld a reduced award of past and future pain and suffering damages to an injured worker, as well as an award for lost earnings. ...Read More
 
 

Court Overturns Denial of TTD to Worker Potentially Lacking Employment Authorization 08/31/2021
State: DC | Segment: SOUTH | 0 | Popular with Legal
The District of Columbia Court of Appeals overturned a denial of temporary total benefits to a worker who may lack the legal ability to hold employment in the United States.   ...Read More
 
 

Court Upholds Worker's Award for Injury Caused by 'Mixed Risk' 08/31/2021
State: OR | Segment: WEST | 0 | Popular with Legal
The Oregon Court of Appeals upheld an award of benefits to a worker for an injury that arose out of the combined effects of a personal and employment risk, adopting the “mixed risk” analysis established by the Workers’ Compensation Board. ...Read More
 
 

CAAA Adds Streaming Option for September Seminar 08/30/2021
State: CA | Segment: WEST | 0 | Popular with Legal
The California Applicants’ Attorneys Association on Friday added a streaming option that will allow people to attend its Sept. 11 seminar on medical-legal processes virtually or in person. ...Read More
 
 

Company Gets Award of Fees, but No Additional Recovery From Worker's Settlement 08/30/2021
State: TX | Segment: SOUTH | 0 | Popular with Insurance
A Texas appellate court ruled that a factoring company was not entitled to collect any additional money from an injured worker’s settlement, but it was entitled to attorney fees because it prevailed on its promissory estoppel claim. ...Read More
 
 

CAAA Seminar to Cover AME, QME Processes 08/27/2021
State: CA | Segment: WEST | 0 | Popular with Legal
The California Applicants’ Attorneys Association is holding a seminar on Sept. 11 that will explore issues relating to the agreed medical evaluator and panel qualified medical evaluator processes. ...Read More
 
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