News & Analysis as of

Temporary Total Disability

Marshall Dennehey

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

Marshall Dennehey on

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

Fisher Phillips

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

Fisher Phillips on

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

Marshall Dennehey

Appellate Division Affirmed the Workers’ Compensation Judge’s Orders, Granting the Petitioner’s Application for Temporary Total...

Marshall Dennehey on

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

Bricker Graydon LLP

The Turning Tides of Temporary Total Disability Compensation

Bricker Graydon LLP on

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

Frantz Ward LLP

Can Employers Request the Retroactive Termination of TTD? The Supreme Court of Ohio Says Yes They Can!

Frantz Ward LLP on

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

Roetzel & Andress

Supreme Court Issues Decision Finding TTD Compensation Can Be Terminated Based on MMI Prior to the Date of Industrial Commission...

Roetzel & Andress on

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

Weber Gallagher Simpson Stapleton Fires &...

Pennsylvania and New Jersey Release 2024 Average Weekly Wage Rates

New Jersey and Pennsylvania have released 2024 workers' compensation temporary total disability benefit rates based on the statewide average weekly wage....more

Frantz Ward LLP

The Voluntary Abandonment Defense: A Ghost of Christmas Past?

Frantz Ward LLP on

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

McAfee & Taft

Not what he asked for, but unpaid leave of absence ruled to be appropriate ADA accommodation

McAfee & Taft on

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

Dinsmore & Shohl LLP

New Appeals Court Decision Limits Employers’ Ability to Fight Temporary Total Disability Following Termination

Dinsmore & Shohl LLP on

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

Roetzel & Andress

Is This the End of the Voluntary Abandonment Defense for Ohio Employers?

Roetzel & Andress on

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

Chartwell Law

The Chartwell Chronicles: Total Temporary Disability

Chartwell Law on

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

Weber Gallagher Simpson Stapleton Fires &...

Appellate Court Overturns Award of Excessive Counsel Fees by WC Judge

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

Cranfill Sumner LLP

[Virtual Seminar] Workers’ Compensation & Civil Litigation Law Updates - September 29th, 9:00 am - 4:00 pm EDT

Cranfill Sumner LLP on

Register Today For Cranfill Sumner’s 2021 Virtual Continuing Education Seminar: Workers’ Compensation & Civil Litigation Law Updates...more

Benesch

House Bill 81: Changes to the Ohio Workers’ Compensation Law

Benesch on

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

Buckingham, Doolittle & Burroughs, LLC

HB 81 Brings Ohio Workers’ Compensation Law Changes

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

Spilman Thomas & Battle, PLLC

West Virginia Workers’ Compensation COVID-19 Quick Guide

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

Cranfill Sumner LLP

FAQ: How Does COVID-19 Affect Current WC Claims?

Cranfill Sumner LLP on

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

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

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

Payne & Fears

Key California Employment Law Cases: November 2019

Payne & Fears on

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

Chartwell Law

Tennessee Enacts Revised Workers' Compensation Provisions

Chartwell Law on

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

Georgia Enacts Revised Workers' Compensation Provisions

Chartwell Law on

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

McNees Wallace & Nurick LLC

The Protz Fix – Workers’ Compensation Update

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

Spilman Thomas & Battle, PLLC

When Does Overpayment Actually Occur?

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

25 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide