| what's new in larson's workers' compensation law |
Lexis.com subscribers to Larson's Workers' Compensation Law can link to the chapter discussion below.
Find out more about how to become a Larson's online subscriber by contacting: Caroline.Conway@lexisnexis.com. Reopening Awards. An important aspect of the workers' compensation system of delivering benefits is its flexibility. For example, awards can often be reopened by the compensation board for modification to meet changes in claimant's condition, such as increase, decrease or termination of disability. Chapter 131's discussion of reopening awards has been revised and updated. As noted in the chapter, for reasons of administrative practicality, time limits within which such petitions may be brought are usually imposed. Typical of these time limits is the Oklahoma requirement [Okla. Stat. tit. 85, § 43(B) (Supp. 2007)] that the employee must request a hearing and final determination within three years from either the date of filing of the claim or the date of the last payment. In Stenhouse v. Multiple Injury Trust Fund, 2008 OK CIV APP 67, 190 P.3d 1194 (2008), the employee received his PPD benefits in a lump sum. More than three years after receipt of the sum, he sought to reopen for change of condition. Reversing the workers' compensation court, which found the employee's request to reopen untimely, the appellate court held that if the employee had received his PPD benefits on a weekly basis, instead of in a lump sum, he would have received payments until May 2006, well within the three-year limit. According to the court, the date of the conclusion of equivalent weekly payments was the date to be used for determining the Fund's liability because of the legislature's intent to treat all Fund claimants alike, regardless of the mode of payment of PPD benefits [see Ch. 131, § 131.02[2][c] n.21]. |
 | | New! Illinois Workers' Comp Guidebook (Call 1-800-223-1940, Ask for Publication #1439) |
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Alan S. Pierce is the former chairperson of the Massachusetts Bar Association's Section on Workers' Compensation Law. In 1995 Governor William Weld appointed him to the Workers' Compensation Advisory Council and he was reappointed in 1998 by Governor A. Paul Cellucci. He has lectured extensively on personal injury and workers' compensation issues and has written and edited several publications including Massachusetts Workers' Compensation Law, Workers' Compensation And Lawand Workers' Compensation Issues and Answers. He currently serves on the editorial board of the Journal of Workers' Compensation and hosts 
Larson's Spotlight reports noteworthy workers' comp cases each week. This list was compiled by 
Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations 4/15/2010. 
Retaliatory Discharge Case in Indiana Rules in Favor of Employee, posted by Diana Wann at McCray Lavallo Frank & Klinger. 
Texas Case Law and Appeals Panel 2009 Review, posted by Stuart Colburn at Downs Stanford. 
Contractor Deaths Accelerating in Afghanistan as They Outnumber Soldiers, posted by Pro Publica. 
