Redefining Total Disability: How to Approach Nonschedule Claims After Jacobi

In a post-2007 reform world, the percentage disability became more important for one major purpose: establishing a capped benefit system for nonscheduled awards. From a carrier perspective, this was a positive and a step in the right direction as the Board was finally placing limits on the number of weeks that a claimant with a partial disability rate can receive benefits.  The issue arose then of what to do with a claimant who was classified with a nonscheduled award, but subsequently had a period of …

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Raising Self-Limitation on Reduced Earnings: A New Approach

How many times has your attorney heard this whispered after raising labor market attachment:  “Just go get any job out there and they’ll pay you the difference – any job will do.” If you work two hours a week, you’re attached and owed reduced earnings. This scenario came up during a recent litigation on the issue of labor market attachment and entitlement to awards. In that case, the claimant’s attorney maintained that the claimant was “working for someone he met online,” taking care of their …

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Dealing with Testimony in a Virtual Hearing

As the virtual roll-out continues and more locations have become virtual, the bugs are getting worked out. We have appeared virtually on several occasions and have had only one day of delays due to technical issues.

There are some types of hearings and scenarios that the virtual process is ready-made to address: C-8.1 hearings for minor treatment disputes, production hearings that will only be adjourned for depositions, and a Reserved Decision or 32 hearings come to mind. These types of hearings are often short, require …

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