News & Analysis as of

Permanent Disability Appeals

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

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

Burr & Forman

SC court awards Lowe's employee workers' comp disability benefits

Burr & Forman on

Employee disabilities are becoming a common issue that employers must address. Short- and long-term disability plans employers often make available to employees, the Americans with Disabilities Act (ADA), and the varying...more

Burr & Forman

Court upholds South Carolina company's benefits plan decision

Burr & Forman on

One of the most important components of the employment relationship is the benefits package an employer is able to offer its employees. Employee benefits have to make business sense for the employer because there’s always a...more

Haight Brown & Bonesteel LLP

Court Crushes Constitutional Challenge To Independent Medical Review

In Frances Stevens v. Workers’ Compensation Appeals Board, Outspoken Enterprises, Case: A143043 1st District, Division 1, the California Court of Appeal upheld the constitutionality of California Labor Code Section 4610.6...more

Haight Brown & Bonesteel LLP

California Court of Appeal Reaffirms Hurdles to Overcoming Rating Presumption

In Contra Cost County v. Workers’ Compensation Appeals Board, and Dahl, Case No. A141046 [WCAB No. ADJ1310387], filed September 24, 2015, the California Court of Appeal, First Appellate District, annulled a Workers’...more

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