article thumbnail

NC Court: Settlement Agreement Does Not Bar Later Claim for New Injury to Same Body Part

The Workcomp Writer

3, 2024), the North Carolina Court of Appeals held that a 2014 settlement agreement resolving a workers 2009 shoulder injury did not bar his claim for a 2020 injury to the same shoulder when the later incident constituted a new, separately compensable injury. The employer denied the new claim, arguing it was barred by the 2014 settlement.

article thumbnail

Another Judge Makes the News

Florida Workers' Comp

Despite being very comprehensive, it does not include the Commission's final decision of April 22, 2022. The Kentucky Judicial Commission unanimously "order(ed). The Commission lamented that "many of the children are too young to understand what is going on in the courtroom and too young to participate in any proceedings."

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Divided R.I. High Court Says Workers’ Comp Release Was Sufficiently Broad to Bar Discrimination Claim Against Employer

The Workcomp Writer

The majority held the terms of the release signed by the injured worker were unambiguous and clearly released the employer from all claims that the worker might be able to file against the employer, including those that might be filed with the state’s Human Rights Commission. Background. several months before Araujo signed the release).

article thumbnail

Judge Robert Dietz

Florida Workers' Comp

The Nominating Commission interviews were at the Orlando airport, and I can still remember the commissioner's inquiry. He served as Judge of Compensation Claims since 2014, and was nominated just last month for reappointment to a third term. Through our work in that era, I became familiar with Robert Dietz the mediator.

article thumbnail

What a Difference an Or Makes

Florida Workers' Comp

Prior discussions of death benefits in this blog have included Marriage, the Law and Workers' Compensation (November 2014), Ideological Shift (June 2015), and Reminded about Death Benefits (February 2019). Industrial Relations Commission of Ohio , No. In December 2021, The Court of Appeals of Ohio decided State ex rel. Christopher R.

article thumbnail

Maryland’s 5-Year Limiting Period (LE § 9-736) May be Waived by Employer/Carrier

The Workcomp Writer

In an unreported opinion, the Appellate Court of Maryland affirmed a Commission decision awarding permanent partial disability benefits to an injured employee in spite of the fact that it was ultimately determined that at the time of her petition for modification, more than five years had passed since her last receipt of benefits [ In re St.

article thumbnail

Missouri: Review Application Not Untimely Where Delay Was Due to “Postage Due” Error by USPS

The Workcomp Writer

In Missouri, applications for Commission review, when sent by USPS, are “deemed to be filed as of the date they are endorsed by the United States post office on the envelope or container in which such paper is received ” [§ 287.480 R.S.Mo.]. The Commission received the October 29 mailing on November 1. Hawthorn Child.’s