Date range

Petition for compensability of post-concussion syndrome treatment granted. Petition to terminate total disability benefits, alleging ability to return to work w/restrictions and forfeited right to benefits for refusing reasonable medical treatment, denied

Ms. Makowski injured her low back, neck, shoulder, head/brain in a work-related motor vehicle accident on January 22, 2009, and remained on total disability benefits. The Industrial Accident Board later determined that Ms. What’s Hot in Workers’ Comp, Vol. 28, No.

Relying on Delaware Superior Court memorandum opinion that determined the Industrial Accident Board correctly decided to terminate total disability benefits following a total knee replacement, Delaware Supreme Court affirms Boards’ decision.

The claimant suffered from rheumatoid arthritis for approximately 20 twenty years and required biological medications to treat pain, swelling and stiffness in his joints. What’s Hot in Workers’ Comp, Vol. 28, No.

Although claimants have a statutory right to file petitions for benefits, a recent order imposing sanctions on a claimant’s attorney highlights the non-frivolous litigation and ‘good faith’ limitations imposed on that statutory right.

While not a district court opinion, this judge of compensation claims’ order addresses an ever-increasing source of frustration: filing and maintaining petitions for benefits without good faith efforts to either resolve these disputes before filin What’s Hot in Workers’ Comp, Vol. 28, No.