If an injured worker is under medical restrictions but refuses light duty work that they’re capable of performing, they’re typically denied continued benefits. But sometimes conflicting medical opinions can cause complications in this matter. For example, in Cromartie v. Goodyear Tire & Rubber Co., an injured worker was placed on different restrictions by several different […]
An injured bus attendant can’t get enhanced workers’ compensation benefits after failing to prove his employer violated a specific safety requirement related to the incident. The Ohio Court of Appeals found the safety requirement the bus attendant referred to – which required audible or visual warning devices on motor vehicles – was specific to workshops […]
If an employee is killed in a crash on their way to an employer-sponsored class, is their spouse entitled to benefits through workers’ compensation? Yes, if the employer derives a special benefit from the employee’s activities. In Lewis v. LexaMar Corp., the Michigan Supreme Court reversed a Dec. 17, 2020, appeals court decision that denied […]
If an injured worker withholds information regarding prior injuries in a workers’ compensation case, that worker could face legal backlash for “misrepresenting facts” in court. However, if there’s good reason, that may not be the case. In Matter of Spinelli v. Cricket Valley Energy Center, a New York appeals court upheld the state’s Workers’ Compensation […]
Two recent New York workers’ compensation cases illustrate what courts look at to differentiate legitimate repetitive stress injuries from those that fall short of qualifying for benefits. Repetitive stress injuries, such as carpal tunnel syndrome, can be difficult for courts to sort out since they occur over a long period of time and from specific […]
An injured worker who was on light duty can’t continue to collect temporary total disability (TTD) benefits after being fired with cause, according to the Commonwealth Court of Pennsylvania. The employer was able to prove it had good cause to terminate the worker’s employment, and the court upheld lower court and Workers’ Compensation Appeal Board […]
An injured worker who refused to go to a doctor’s appointment scheduled by the workers’ comp insurance carrier is still entitled to temporary total disability (TTD) benefits, according to a state court. In Victory Insurance Company v. Andell, the Workers’ Compensation Court of the State of Montana found that the worker’s refusal to go to […]
Can an employee with hearing loss from work-related noise exposure get workers’ compensation benefits even if he filed a claim more than two years after being diagnosed with the condition? The Iowa Court of Appeals found the employee couldn’t collect benefits since, as a “reasonable person,” he should have realized the “nature, seriousness and probable […]
A long-haul truck driver who developed blood clots in his legs and lungs can get workers’ compensation benefits after the Utah Supreme Court found an almost nine-hour-straight drive contributed to his condition. The court found that the long drive “that precipitated the injury was unusual or extraordinary when compared to normal life activities,” so it […]
