What Do You Think? In Arkansas, depending on an injured worker's age, education, and experience, she may be entitled to permanent partial disability benefits in excess of her percentage of permanent physical impairment. A recent case […]

By Margaret H. “Meg” Donahue  Background  The South Carolina appellate courts have been faced with several questions on workers’ compensation in recent months, producing opinions that will affect practice points and claims handling in defending […]

What Do You Think? Louisville, KY (WorkersCompensation.com) -- In Kentucky, an employee may be entitled to a three-times multiplier of his permanent partial disability benefits if he can show he lacks the physical capacity to return […]

Case File A contingent MMI finding regarding a worker's psychological injury was a reasonable basis for an ALJ to set a 20% impairment rating despite other evidence showing a conflicting possibility. Simply Research subscribers have […]

What Do You Think? Chicago, IL (WorkersCompensation.com) -- The “odd-lot” theory allows claimants to obtain permanent total disability benefits where they cannot find work, despite diligently searching. But what if the employee, while not working, […]

Case File The West Virgina top court upheld an Office of Judges' decision that found in a worker's favor on the basis that the employer didn't connect the dots between an alleged preexisting condition and […]

On December 12, 2023, the Supreme Court of Oklahoma, in Cantwell v. Flex-N-Gate, Inc., held that the 350 weeks statutory cap on permanent partial disability benefits (PPD) does not prevent a claimant from receiving additional PPD benefits […]

Tulsa, OK (WorkersCompensation.com) -- The term "due process" raises images of constitutional law classes and contested criminal law proceedings. But as Oklahoma's highest court demonstrated in Cantwell v. Flex-N-Gate, No. 120189 (Okla. 12/12/23), due process […]