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MO Comp Update: Alarming Trend – Plaintiff Bar Now Alleging Employers are Responsible for PTD From PRIOR Injuries

MO Workers Comp Update Over the past few weeks I have spoken to multiple plaintiff attorneys who are in the process of amending all Missouri Claims for Compensation with a date of injury AFTER January 1, 2014. Why? The MO Supreme Court should be handing down a decision soon in the case of Cosby v. Read More

MO Workers Comp Update – Commission Awards PTD for Psychological overlay from physical injury

MO Workers Comp Update The Missouri Industrial Commission awarded Permanent Total Disability (PTD) benefits in the recent case of Deborah Tedder v. Missouri Department of Corrections (April 11, 2019) (Read the decision HERE). Claimant slipped and fell, with injuries at the left elbow (post-surgical) and a fracture of the left knee (post-surgical). What apparently made Read More

IL Comp Update – Pathway to Challenge Wage Differential Awards

ILLINOIS WORKERS COMPENSATION UPDATE The Illinois Court of Appeals reversed a wage differential award from the Commission last month in the  Beverage v. IWCC  (Click HERE to read the decision).    In doing so, the Court of Appeals laid out a pathway for challenging wage differential claims. Based on this decision, as well as many other Read More

Court orders workers comp board to consider paying for medical marijuana

WORKERS COMP LEGAL UPDATE As you can see from this article (click HERE), the New Hampshire Supreme Court overruled that state’s Industrial Commission when that Commission refused to order a carrier to pay for medical marijuana. “Because the board found that (claimant’s) use of medical marijuana is reasonable, medically necessary, and causally related to his Read More

Illinois Court Appeals wants to make all parking lot injuries compensable

ILLINOIS WORKERS COMP UPDATE The Illinois Court of Appeals handed down a decision in Smith v. IWCC on January 8, 2019, reversing a unanimous Commission decision which denied benefits to claimant who slipped and fell on an ice-covered parking lot and held that the petitioner failed to show an increased risk.  (Read the entire decision Read More

MO Update: Industrial Commission denies Perm Total from psychological trauma following heat exhaustion

Quick MO Workers Compensation Update On January 31, 2019, the Missouri Industrial Commission rendered an award in Miles Thomas v. Fred Weber Construction (to read the entire decision, click HERE). EMERGING TREND This case is a great example of the trend that I have been seeing for several years now – – claimant has a Read More

MO Comp Update: Industrial Commission FINALLY gets it right on Objective vs. Subjective Complaints

Missouri Workers Compensation Update Since the Missouri Workers Compensation Act was amended in 2005, the Industrial Commission has consistently failed to properly apply this provision: §287.190.6(2): “In determining compensability and disability, where inconsistent or conflicting medical opinions exist, objective medical findings shall prevail over subjective medical findings.” In the case of Danny Harris v. Ralls Read More

MO Comp Update – Commission upholds questionable future medical award but calls for legislative changes

Quick MO Workers Compensation Legal Update The Missouri Industrial Commission handed down a decision on December 20 in Cynthia Null v. Albany Medical Center  (click HERE to read the entire decision)  In this unanimous decision from the Industrial Commission, an award of future psychiatric medical care for the life of the employee was upheld by Read More

MO Comp Update – Commission denies compensability of CTS claim based on diabetes

The Missouri Industrial Commission denied a Carpal Tunnel Syndrome claim (CTS) on the basis that the claimant was a diabetic and there was limited evidence linking the CTS with the claimant’s work duties. The award from the Commission, in the case of Ricky Volner v. Meramec Group, can be read here. Since this decision is Read More

IL Industrial Commission finds off-premises break-time injury non-compensable

Illinois Workers Compensation Legal Update On Sept. 28, 2018, the IL Industrial Commission handed down the award in Suits v. Marquette Group.  (Read the entire decision HERE. ) In this case, claimant was on break and was taking a walk off-premises, slipped and fell on a sidewalk, and filed a claim for compensation. The IL Read More