News & Analysis as of

Partial Disability

Chartwell Law

Bailey v. S. Lithoplate, Inc.

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Tuesday, the North Carolina Court of Appeals released an unpublished opinion addressing temporary partial disability (“TPD”) benefits and the application of the Russell v. Lowes Prod. Distribution factors, which assist...more

Marshall Dennehey

The 120-Day Rule Does Not Apply if the Employer/Carrier Only Accepted Compensability and Provided Treatment for a Temporary...

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Verilyn Lunsford v. Hospital Housekeeping Systems Inc. and Corvel Corporation, OJCC# 21-028027, St. Petersburg District, JCC Moneyham, Decision Date: Nov. 30, 2023 - The claimant requested compensability, evaluation and...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

Cranfill Sumner LLP

Can Employers Deduct Wages Earned from a Concurrent Employer in Calculating Their Obligation to Pay Partial Disability...

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Many employers are constantly faced with questions surrounding an injured worker’s entitlement to disability benefits. North Carolina, like many other states, has a workers’ compensation system in place to provide benefits to...more

Chartwell Law

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

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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

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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

Chartwell Law

130-Week Cap on Temporary Disability Benefits - April 2017 Reform Implementation

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Among the significant reforms to the Workers’ Compensation Law (WCL) enacted as part of New York’s 2017-2018 Executive Budget, effective April 10, 2017, was imposition of a 130-week cap on temporary disability benefits....more

Chartwell Law

Tennessee Enacts Revised Workers' Compensation Provisions

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Tennessee recently enacted several amendments to its workers’ compensation law.  Effective July 1, 2019, for all injuries occurring on or after July 1, 2019 and up to June 30, 2020, the state increased payouts on the...more

Chartwell Law

A Limitation of the Maryland Workers’ Compensation Commission’s Revisory Powers

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A case from the Court of Special Appeals confirms the Maryland Workers’ Compensation Commission may not retroactively adjust the rate of compensation of an award previously paid.  In Montgomery County vs. Gang the court found...more

Chartwell Law

Temporary Partial Disability Benefits: Pre and Post Industrial Accident Wage Loss Considerations

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On July 29, 2019, the Florida First District Court of Appeals addressed two workers’ compensation cases involving temporary disability benefits—one involving pre-industrial accident wage losses due to a change in jobs and...more

Chartwell Law

Georgia Enacts Revised Workers' Compensation Provisions

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Georgia recently enacted several amendments to its workers’ compensation law.  Effective July 1, 2019, for all injuries occurring on or after July 1, 2019, the state increased payouts on the following benefits...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

Pullman & Comley - Labor, Employment and...

Latest Developments from the Connecticut General Assembly: February 21st Public Hearing

On Thursday, February 21, 2019, the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on numerous proposed bills. The hearing will take place at 2:30 P.M. in Room 2C of the Legislative...more

White and Williams LLP

PA and NJ Workers' Compensation Benefits for 2019

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

White and Williams LLP

PA and NJ Workers' Compensation Benefits for 2018

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Workers’ compensation benefits in PA and NJ are calculated using a statewide average weekly wage (SAWW) that is published by the Departments of Labor every year. The year of the worker’s injury will determine the year for the...more

Searcy Denney Scarola Barnhart & Shipley

May Is American Stroke Month

Act ‘FAST’ if Signs or Symptoms Occur - A stroke strikes someone every 40 seconds in the United States, affecting nearly 800,000 lives each year. It is the fifth-leading cause of death, and kills 130,000 annually. For...more

Burr & Forman

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

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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

Roetzel & Andress

Ohio Supreme Court Rules Concurrent Benefit Awards Not Authorized by Law

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Yesterday, in a 5-2 opinion, the Ohio Supreme Court ruled that the Ohio Industrial Commission had abused its discretion when it awarded concurrent benefits to an injured worker (State ex rel. Ohio Presbyterian Retirement...more

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