The Chartwell Chronicles: Total Temporary Disability
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
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
Soto v. Hoosier Care, Inc., No. A-0507-22 (Dec. 11, 2023) - The petitioner was injured in 2018 and resolved her case for 25% partial-total disability in 2021. In 2018, she had returned to work for Complete Care as a certified...more
This month, the Ohio Supreme Court altered the landscape of more than 25 years of workers’ compensation legal precedent in an employer-friendly decision concerning termination of Temporary Total Disability compensation....more
On March 5, 2024, in State ex rel. Dillon v. Indus. Comm., Slip Opinion No. 2024-Ohio-744, the Supreme Court of Ohio overruled its prior authority in State ex rel. Russell v. Indus Comm., 82 Ohio St.3d 516 (1998), which has...more
On March 5, 2024, the Ohio Supreme Court announced its decision in State ex rel. Dillon v Industrial Commission (Slip Opinion No. 2024-Ohio-744). In so doing, the Court overruled 25-year precedent from its prior authority in...more
New Jersey and Pennsylvania have released 2024 workers' compensation temporary total disability benefit rates based on the statewide average weekly wage....more
s an update to our prior client alert addressing the enactment of R.C. §4123.56(F), there has been a recent decision in State ex rel. Butler v. Indus. Comm., 10th Dist. Franklin No. 22AP-274, 2023-Ohio-3774 holding that a...more
When an employee suffering from a health condition comes to you with a proposed job modification to accommodate their condition, by all means consider the accommodation they have requested. But remember: an employer can offer...more
In a decision that will significantly impact Ohio employers, the Tenth District Court of Appeals has ruled that workers’ compensation claimants are entitled to temporary total disability benefits even if terminated for cause....more
On March 2, 2023, the Tenth District Court of Appeals announced its decision in State ex rel. Autozone Stores, Inc. v. Industrial Commission, 2023-Ohio-633. Unfortunately, the decision is not favorable for Ohio employers. ...more
In Episode 6 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss Total Temporary Disability. Topics of discussion include how TTD benefits are calculated, when TTD benefits start, when to cut TTD...more
In an interesting decision, the Appellate Court (Garzon v Morris County Golf Club, App Div. decided December 23, 2022) overturned the awarding of counsel fees for permanency and fees on a Motion for Medical Temporary Total...more
Register Today For Cranfill Sumner’s 2021 Virtual Continuing Education Seminar: Workers’ Compensation & Civil Litigation Law Updates...more
Starting September 15, 2020, H.B. 81 became effective making noteworthy changes to the Ohio workers’ compensation law. The intent of the new bill was to create workers’ compensation coverage for detention facility employees;...more
Changes to Ohio’s Workers’ Compensation Law take effect on September 15, 2020. House Bill 81 makes five notable amendments to the current law: •The time requirement for filing a Violation of a Specific Safety Requirement...more
When must an Employer’s First Report of Injury be filed? The employer must submit information about the injury to the insurance carrier within five (5) days of the employee's notice of injury. ...more
If a WC Claimant refuses medical treatment due to COVID-19 contamination fears, can benefits be cut off? Under NC Law (NCGS 97-25(d)), Defendants cannot unilaterally suspend or terminate benefits if the claimant refuses...more
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
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
Carroll v. City & Cnty. of S.F., 41 Cal. App. 5th 805, 254 Cal. Rptr. 3d 519 (2019) - Summary: Each alleged reduction of monthly disability retirement benefit payments for discriminatory reasons was continuing violation...more
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
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
On October 17, the Pennsylvania Senate signed the previously approved House Bill 1840, known as the “Protz Workers’ Compensation Legislative Fix,” which is expected to be signed into law by Governor Tom Wolf within the next...more
In Reed v. Exel Logistics, Inc., No. 17-0864, 2018 WL 2769041 (W. Va. June 6, 2018), the Supreme Court of Appeals of West Virginia clarified the circumstances necessary for an employer to claim overpayment of temporary total...more