Tuesday, April 26, 2016

A Year in Review: Significant Workers' Compensation Cases of 2015

by Robert Ferreri, Esq.

With 2015 in the books I thought it would be interesting to offer this look back at some significant cases decided by Kentucky's Court of Appeals and Supreme Court last year. The first two cases addressed the statute of limitations and the statute of repose respectively regarding reopening of claims.

Other issues addressed in these decisions included the ongoing modification of the parameters of qualification for temporary total disability (TTD) benefits, facts necessary for a claimant to prove entitlement to the 2x enhancement of benefits for cessation of earning an equal or greater average weekly wage, and the end of apportionment of liability between employers in cumulative trauma claims.

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Wednesday, August 12, 2015

When an Employee's Injury or Disease Is Caused by Stress

by Virginia L. Hunt, Esq.

The stress claim statute in Nevada, NRS 616C.180 has very narrow acceptance criteria. In order to qualify for a stress claim under this statute, entitling the injured worker to medical care, compensation benefits, and a permanent partial disability award, the injured worker must prove by clear and convincing medical or psychiatric evidence that:

a) the employee has a mental injury caused by extreme stress in time of danger, and;

b) the primary cause of the injury was an event that arose out of and during the course of employment, and;

c) the stress was not caused by a job lay off, termination or any disciplinary action taken against the employee.

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Friday, September 19, 2014

Tennessee Workers' Compensation: Navigating a New Course

by James V. Thompson, Esq.

As of July 1, 2014, workers' compensation law in Tennessee has changed significantly. Not only has the extent of disability benefits changed, but also the procedure to determine and receive any award of those benefits is all new. Claimants, attorneys, and even the newly-appointed workers' comp judges all have to navigate the new statutes and regulations, making sure any strategic actions are still in compliance with the law.

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Wednesday, January 15, 2014

Practical Ramifications of Zamora in Reopening Cases Closed Upon a Finding of PPD

by Debra L. Doby, Esq.

Since the inception of workers' compensation law, injured workers ("claimants"), classified with permanent partial disability (PPD), have been given a rebuttal inference that any reduction or loss in wages is attributable to the worker's disability. Insurance carriers seeking to reduce or suspend the claimant's benefits must demonstrate that the claimant's reduction in wages is "solely due to unrelated factors" such as providing evidence the claimant is not attached to the labor market.

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Wednesday, January 8, 2014

Total Industrial Disability: Whether there is sufficient evidence to demonstrate a loss of wage earning capacity of 100%

By Sharmine Persaud, Esq.

Before you embark on this quest, I suggest that you spend some time interviewing your client. Take a history of the claimant's past work and educational background.

  • Was the past work skilled, unskilled or labor intensive?
  • Did your client graduate high school?
  • Did he/she take special education classes?
  • In what country did your client receive his/her education?
  • Any learning disabilities?
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