Publications
A decision granting a claim petition, but not awarding wage loss benefits, was supported by substantial competent evidence and, therefore, cannot be disturbed on appeal.
The claimant, a certified nurse assistant, filed a claim petition alleging multiple work injuries, which occurred on January 14, 2020, while she was attempting to move a 300-pound patient.
What’s Hot in Workers’ Comp, Vol. 27, No.
Temporary total disability benefits were properly reinstated as of the date claimant filed a Protz constitutional challenge, and exceptional circumstances did not exist to allow for a reinstatement as of the date of the original IRE.
The claimant sustained a work injury in May 2007. Subsequently, the status of his benefits was changed from total to partial based on a December 2, 2010, IRE that found he had an 8% whole-person impairment.
What’s Hot in Workers’ Comp, Vol. 27, No.
Superior Court highly critical of conclusory nature of Board’s decision, which is reversed and remanded.
The Delaware Superior Court reverses and remands a decision of the IAB that had determined a total knee replacement surgery was not reasonable or necessary.
What’s Hot in Workers’ Comp, Vol. 27, No.
Florida appellate court does a deep dive into the meaning of heart disease.
In April 2018, medical testing revealed that the claimant, a fire fighter, had a thoracic aortic aneurysm, and he underwent surgery in June 2018 to resolve same.
What’s Hot in Workers’ Comp, Vol. 27, No.
New Jersey Workers’ Compensation Legislation Update
Since the last update on various pending New Jersey workers’ compensation legislation, new legislation was introduced, although it appears to substitute a prior withdrawn one.
What’s Hot in Workers’ Comp, Vol. 27, No.
Claim petition filed in 2021 for a 1982 work injury was barred by the doctrines of res judicata and collateral estoppel.
The claimant sustained a work injury in 1982, and because of its age and the time that had passed from prior litigation, no documentation existed about the claim.
What’s Hot in Workers’ Comp, Vol. 27, No.
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What’s Hot in Workers’ Comp, Vol. 27, No.
Subrogation abomination! Supreme Court overrules its own precedent.
The Supreme Court of Delaware holds that an employer or a workers’ compensation carrier may assert a subrogation lien against an employee’s recovery of benefits under an employer-purchased UIM policy, overruling its own precedent in Simendinge
What’s Hot in Workers’ Comp, Vol. 27, No.
The burden of proof remains! Causal connection must be proven.
The claimant, shot by unknown assailant while walking between his employer’s locations, did not meet his burden of proof. However, the District Court certified the below question to the Supreme Court for further clarification.
What’s Hot in Workers’ Comp, Vol. 27, No.
New Jersey Workers’ Compensation Legislation Update
Since the last update on various pending New Jersey workers’ compensation legislation, there has been an update and new proposed legislation as outlined below.
What’s Hot in Workers’ Comp, Vol. 27, No.