Quantcast
Home / 1993 / January / 01 (page 30)

Daily Archives: January 1, 1993

Workers' Comp – Lack Of Cooperation – Vocational Placement Services – Evidentiary Cut-Off Date (access required)

Employer was entitled to present evidence of claimant’s lack of cooperation with placement services up to the day of the hearing and was improperly limited to evidence prior to the date of filing application to suspend benefits. The deputy commissioner ...

Read More »

Workers' Comp – Late Payment Penalty – Improper Method Of Payment (access required)

Employer was properly assessed a 20 percent penalty on compensation more than two weeks in arrears when carrier made payment on the 15th day after issuance of the commission’s opinion by check payable to claimant in care of his attorney. ...

Read More »

Workers' Comp – Refusal Of Treatment – Head Injury (access required)

Where claimant was examined by six doctors in independent medical examinations but only one doctor diagnosed malingering, and the treating physician found claimant cooperative but frustrated by a delay in treatment, employer was not entitled to suspend compensation on the ...

Read More »

Workers' Comp – Attorneys' Fees – Alternate Insurance – No Benefit From Counsel (access required)

Where the employer accepted payment from its workers’ compensation insurance group under an agreement secured by employee’s counsel, but employer claimed no benefit from counsel’s efforts due to an alleged alternative source of payment from other insurance, employer must pay ...

Read More »

Workers' Comp – Unjustified Refusal Of Treatment – Chiropractor (access required)

Where employer accepted employee’s claim but employee refused treatment by a neurosurgeon whose recommendation was confirmed by a second opinion and instead sought treatment from a chiropractor against the neurosurgeon’s advice, employer was not responsible for the cost of chiropractic ...

Read More »

Workers' Comp – Causal Connection – Psychiatric Treatment – Exacerbated Condition (access required)

Employee was properly compensated for psychiatric treatment, despite psychiatric treatment prior to the accident, because her current emotional disability was exacerbated by a workplace injury; and employer’s motion for an evidentiary hearing was properly denied due to failure to timely ...

Read More »

Workers' Comp – Secondary Cigarette Smoke – Asthma – Occupational Disease – Compensable Ordinary Disease (access required)

An employee who smoked until 1991, continued to be exposed to secondary smoke outside the workplace thereafter, and was diagnosed with chronic bronchitis in 1988 could not establish an occupational disease arising from secondary smoke in the workplace or an ...

Read More »