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The plain language of 440.15(e)(1) allows the employer to obtain a vocational assessment, and the change in attendant care after the PTD acceptance was a sufficient basis to trigger the employer/carrier’s right to a vocational assessment.
In this case before Judge Stanton in Gainesville, the employer/carrier filed a motion to compel a vocation
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
Court addresses the retroactivity of the Supreme Court’s decision in Whitmoyer, holding an employer is required to reimburse medical payments as of the date Whitmoyer was decided, not as of date of a signed third-party settlement agreement.
In this case, the claimant sustained a severe injury while using a stone crusher that malfunctioned.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
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What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
Even though the claimant bore a wage loss to his temporary partial disability benefits due to a COVID-19 lay-off, he must still prove the work injury was a contributing causal factor to that wage loss.
This case is interesting because it involves a claim for temporary partial disability benefits relative to the COVID-19 pandemic.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
The court finds that the judge erred by not ruling based on the notice that should have been provided within 52 weeks of the qualifying event versus when the symptoms manifested.
In the case of Andrew Wilkes v.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
A Workers’ Compensation Judge’s decision that found surgery unrelated to the work injury and said no further treatment was necessary for the injury did not bar a subsequent penalty petition for non-payment of medical expenses related to the injury.
The claimant sustained a work injury in 1988, which the employer acknowledged via a Notice of Compensation Payable (NCP).
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
What's Hot in Workers' Comp - News and Results
NEWS
RESULTS*
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
No competent or substantial evidence to support that employer/carrier only accepted the aggravation; therefore, they waived the ability to deny compensability. As such, the apportionment defense also fails, and full permanent impairment benefits were owed
The claimant appealed the Judge of Compensation Claims’ order, which apportioned impairment benefits and future medical treatment.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi