Thomas A. Robinson, J.D., our Feature National Columnist, is a leading commentator and expert on the law of workers' compensation.
District of Columbia: Overuse of Narcotic Pain-Relievers Is Not Abandonment of Workplace. A District of Columbia appellate court has affirmed an ALJ's finding that a claimant did not voluntarily limit her income and was entitled to continue receiving TTD payments related to a work-related injury in spite of the fact that she had been medically cleared for light work...read more.
Kansas: Senior Citizen's Comp Benefits Not Subject to Offset by Federal Social Security Benefits. Kansas, like most other states, requires that an employee's workers' compensation award be set-off by any retirement benefits he or she receives from a retirement benefits program, including benefits received under the federal Social Security Act, less any...read more.
Tennessee: Appellate Court Overturns Findings That Heat Exhaustion Resulted in Permanent Disability. Acknowledging that the trial court has substantial discretion in weighing the evidence, including the medical evidence, but noting as well that where all the medical evidence was in the form of deposition, the reviewing court analyzes the evidence without a presumption of correctness, a Tennessee appellate court reversed...read more.
Pennsylvania: Court Disqualifies Impairment Rating Evaluation of Board-Certified MD on Statutory Grounds. A Pennsylvania appellate court affirmed the denial of an employer's petition to modify an injured employee's benefits on the ground that the physician who performed the Impairment Rating Evaluation on which the Modification Petition was based did not meet the requirement of Section 306(a.2) of the Workers' Comp Act that physicians performing IREs must be... read more.