News & Analysis as of

Permanent Disability

Marshall Dennehey

Appellate Division Finds That Compulsion in an Activity Could Render It a Non-social or Recreational Activity

Marshall Dennehey on

Terhune v. Port Auth. of N.Y. & N.J., No. A-3206-22 (May 8, 2024) - The petitioner had worked for the respondent since 2007. On December 14, 2013, he reported for mandatory snow duty and as  a result, he had to stay at the...more

Marshall Dennehey

Appellate Division Affirmed Workers’ Compensation Order Finding an Increase in Permanency, but Not Total Disability.

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Hughes v. Port Auth. of N.Y. & N.J. and State of N.J. Second Inj. Fund, No. A-1188-22 (Jan. 30, 2024) - In this case, the Appellate Division affirmed the workers’ compensation order for an increase in the petitioner’s...more

Marshall Dennehey

Judges of Compensation Claims Have the Authority to Take a Flexible and Holistic Approach to Permanent Total Disability Claims as...

Marshall Dennehey on

Gulf Management, Inc. and Gallagher Bassett Services, Inc. v. Talmadge Wall, DCA#: 20-2037; JCC: Massey; Decision date: Nov. 29, 2023 - The employer/carrier in this matter appealed the judge of compensation claims’ award of...more

Fisher Phillips

Employers Win Big Under Ohio Supreme Court’s Workers’ Comp Ruling: Here’s What You Need to Know About Recouping Overpayments

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Employers faced many obstacles over the last few years, but the Ohio Supreme Court just gave them a welcomed boost in a ruling that should significantly reduce workers’ compensation claim costs. In a highly contentious 4-3...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

What’s Going on in Mexico This Week? Labor and Employment Legislative Developments and Other News for Employers, November 5 - 11,...

This week, November 5–11, 2023, Mexico’s Congress has continued to make progress on several legislative items that would amend the Federal Labor Law (FLL), including bills to amend or increase: (i) the list of diseases that...more

Venable LLP

New York's Employee Empowerment: Governor Hochul's Latest Bills

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To celebrate Labor Day, Governor Kathy Hochul signed a series of bills on September 7 to strengthen protections for workers in New York. Below, we discuss these new developments....more

Laughlin, Falbo, Levy & Moresi LLP

WCAB En Banc Doubles Down on Rejection of “Vocational Apportionment” in Nunes II

The WCAB offered clarity on the complex topic of “vocational apportionment” in an en banc decision issued on June 22, 2023: Grace Nunes v. State of California, Dept. of Motor Vehicles, legally uninsured; State Compensation...more

Laughlin, Falbo, Levy & Moresi LLP

WCAB Rejects Concept of “Vocational Apportionment” in Rare En Banc Decision

Further Restrictions on Vocational Apportionment - As most workers’ compensation practitioners can attest, vocational evidence has seen a resurgence in recent years, as the applicant’s bar attempts to obtain Awards of 100%...more

White and Williams LLP

A New Year Brings New Rates: NJ and PA Workers' Compensation Benefits for 2023

Workers' compensation benefits in New Jersey and Pennsylvania are calculated using a statewide average weekly wage (SAWW) that is published by the states’ department of labor every year. The year of the worker's injury will...more

Chartwell Law

The Chartwell Chronicles: Permanent Disability

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In Episode 7 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss Permanent Disability Benefits and what that actually means when it comes to New Jersey Workers' Compensation. Topics of discussion...more

Weber Gallagher Simpson Stapleton Fires &...

Surprising Decision Reversing an Order Imposing Maximum Penalty for Delay in Payment of Settlement Proceeds

In Louis Ripp v. County of Hudson, No. A-2972-20 (App. Div. June 3, 2022), the appellate court recently addressed the issue of late payment of awards and penalties and decided same on June 3, 2022. It is a rare decision and...more

Roetzel & Andress

“Permanent and Substantial Deformity”: What it Means and How it is Interpreted Regarding the Application of the Statutory Cap on...

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Ohio law caps damages that can be awarded for pain and suffering (i.e., noneconomic damages) up to $350,000 in tort claims unless a plaintiff can establish that she: (1) sustained a permanent and substantial physical...more

Laughlin, Falbo, Levy & Moresi LLP

The Rise of Rebutting the PDRS and Derailing the Path to a 100% Award

The 2021 Summer CAAA Convention took place virtually, and while we always anticipate permanent disability will be a hot topic, this year’s Convention “zoomed” straight to strategies on achieving higher permanent disability...more

Baker Donelson

Growing Up as a CODA

Baker Donelson on

When people find out that I am a child of Deaf adults (CODA), they are usually curious and want to know what it was like growing up with Deaf parents. There is no question that my three siblings and I had an unconventional...more

Console and Associates, P.C.

Paraquat Exposure Alert: Paraquat Linked to Parkinson’s Disease

Agricultural Workers Could Be Entitled to Compensation - Agricultural workers who were exposed to the herbicide paraquat and have been diagnosed with Parkinson’s disease may have a claim for financial compensation....more

Downs Rachlin Martin PLLC

Article debunks defense myth that the risk of injury in a “minor impact” collision is not greater than activities of daily living

Most personal injury lawyers have represented clients suffering from the chronic consequences of concussion and musculoskeletal injuries following a rear end collision that caused minimal damage to the vehicles involved. ...more

Haight Brown & Bonesteel LLP

Doctor's Sexual Abuse Held Compensable and Disabling

In Applied Materials v. Workers Compensation Appeals Board and D.C. and Specialty Insurance Co. v. Workers’ Compensation Appeals Board and D.C., the Sixth Circuit of California’s Courts of Appeal annulled the WCAB award of...more

Chartwell Law

An Overview of New Jersey Workers' Compensation

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Chartwell Law's Brittany Atkinson, Esq., Kevin J. Riefenstahl, Esq., and Colin J. Davis, Esq. present this informative webinar addressing the fundamentals of New Jersey workers' compensation and cover: • Classifications of...more

Chartwell Law

NY Case Law Alert: Tolling of the Caps After Reopening Post-Classification

Chartwell Law on

Workers’ Compensation Law § 15(3)(w) places a limitation – commonly referred to as “cap” – on the number of benefit weeks that compensation is payable to a claimant classified with a nonschedule permanent partial disability...more

Chartwell Law

Maryland Workers' Compensation: Idiosyncrasies of Permanent Partial Disability Awards

Chartwell Law on

Once the claimant’s condition is at maximum medical improvement, the Maryland statute provides for the award of permanency benefits depending on the level of disability. The level of disability is determined by the percentage...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: Fifth Circuit Defines Meaning of "Regular Occupation" Under LTD Policy

In Nichols v. Reliance Standard Life Ins. Co., 924 F.3d 80 (5th Cir. 2019), the U.S. Court of Appeals for the Fifth Circuit held that when an LTD policy funding an ERISA plan defines "regular occupation" as the way the...more

White and Williams LLP

Total Disability Definition Construed by New York Federal Court

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A federal court in New York recently construed the meaning of a total disability definition where the insurance policy language includes residual disability coverage. The January 3, 2020 decision came from the U.S. District...more

Ballard Spahr LLP

Trump Administration to Discharge the Federal Student Loan Debt of Totally and Permanently Disabled Veterans

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On August 21, 2019, President Trump signed a Presidential Memorandum that streamlines the process by which totally and permanently disabled veterans can discharge their Federal student loans (Federal Family Education Loan...more

Littler

Ontario, Canada: When an Employment Contract Is Frustrated Due to the Employee’s Permanent Disability, the Employer’s Duty to...

Littler on

Employers in Ontario will likely welcome the decision in Katz et al. v. Clarke, 2019 ONSC 2188 (Divisional Court), which addressed the scope of the duty to accommodate in the event of an employee’s permanent disability. ...more

Dentons

Loss of Earning Capacity Versus Functional Impairment for Compensating Unscheduled (Body as a Whole) Work Injuries under the 2017...

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A workers’ compensation arbitration decision was recently filed in what appears to be the first time the Iowa Division of Workers’ Compensation has dealt with how to compensate unscheduled work injuries under the 2017...more

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