November 2010


So, this is my second appellate win!  I wrote about this back in October.  The controversy centered around a mistake by the E/C’s computer system when it accidentally cut Claimant off from voluntary PTD payments.  Claimant filed a Petition for Benefits for reinstatement.  By the time the E/C corrected the error and paid past PTD with penalties and interest, more than 30 days passed and we owed a fee.  You can read the decision here.

The issue on appeal was: how much were the benefits that Claimant’s attorney secured?  The answer after the jump. . .

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Sorry for the absence, but I’ve been busy with near trial after near trial.  Finally, I get a breather and the opportunity to catch up.

I want to discuss two PTD cases that came out last month, on the same day no less, regarding permanent total disability (PTD) claims.  One “good” and one “bad.”   One rules when an E/C should pick up a Claimant as PTD and the other rules when a Claimant is actually eligible for PTD.  But, both clarify many misconceptions of PTD eligibility and the full costs of voluntarily picking up a Claimant as PTD.

Ok. Let’s dive right in. (more…)