Where an employer sought to terminate an injured worker’s benefits on the grounds that she had unjustifiably refused medical treatment—on three occasions over a four-month period of time, she cancelled a scheduled (and rescheduled) “functional...
The Supreme Court of Louisiana affirmed the OWC’s denial of the claimant’s motion to compel the employer to pay for a functional capacity evaluation to be performed by a physical therapist of the claimant’s choice where the purpose of the FCE...
Stressing that substantive rights under Florida workers’ compensation law are established by the date of the accident and that the 1988 law, which would apply in the instant case, did not contain any provision that could compel a claimant to undergo a functional...
By Karen C. Yotis, Esq. and Robin E. Kobayashi, J.D. It’s a no brainer that when the economy takes a deep dive, our collective psychological well-being also ends up under water. Just reading about mass layoffs, homeless families, and bankruptcies—much...
Reducing the Financial Pain of Lower Back Pain With workers’ compensation costs on a relentless march upwards, studies suggesting that growth in some areas could possibly be tempered are sure to spark some interest and help validate what we intuitively...
A claimant who states he hurts too much to work can collect PTD benefits, even though an FCE based on "objective" findings concludes he can work in the open labor market. The court of appeals recently affirmed a Commission award of PTD against the second...