News & Analysis as of

Permanent Disability Bodily Injury

Mandelbaum Barrett PC

What is Considered a Catastrophic Injury in New Jersey Law?

Mandelbaum Barrett PC on

A car accident, slip-and-fall, or other incident can turn your life upside down when catastrophic injuries occur. These serious injuries go beyond sprains or fractures, leaving you out of work and with long-term or permanent...more

Marshall Dennehey

Claimant’s Conversation With Fellow Firefighter About Act 46 Cancer Presumption Was Not the Date He Became Aware of His Cancer’s...

Marshall Dennehey on

West Conshohocken Borough v. David Markland (WCAB); No. 1382 C.D. 2022; filed Jan. 2, 2025 - This case involved a Claim Petition filed based on an occupational disease. The claimant worked as a firefighter and filed an Act 46...more

Laughlin, Falbo, Levy & Moresi LLP

WCAB Rejects Concept of “Vocational Apportionment” in Rare En Banc Decision

Further Restrictions on Vocational Apportionment - As most workers’ compensation practitioners can attest, vocational evidence has seen a resurgence in recent years, as the applicant’s bar attempts to obtain Awards of 100%...more

Roetzel & Andress

“Permanent and Substantial Deformity”: What it Means and How it is Interpreted Regarding the Application of the Statutory Cap on...

Roetzel & Andress on

Ohio law caps damages that can be awarded for pain and suffering (i.e., noneconomic damages) up to $350,000 in tort claims unless a plaintiff can establish that she: (1) sustained a permanent and substantial physical...more

Console and Associates, P.C.

Paraquat Exposure Alert: Paraquat Linked to Parkinson’s Disease

Agricultural Workers Could Be Entitled to Compensation - Agricultural workers who were exposed to the herbicide paraquat and have been diagnosed with Parkinson’s disease may have a claim for financial compensation....more

Downs Rachlin Martin PLLC

Article debunks defense myth that the risk of injury in a “minor impact” collision is not greater than activities of daily living

Most personal injury lawyers have represented clients suffering from the chronic consequences of concussion and musculoskeletal injuries following a rear end collision that caused minimal damage to the vehicles involved. ...more

Robinson+Cole ERISA Claim Defense Blog

Ninth Circuit "Interprets" Accident Plan; "Direct and Sole Cause" Doesn't Mean What It Says

In Dowdy v. Metro. Life Ins. Co., 16-15824, 2018 U.S. App. Lexis 12648 (9th Cir. May 16, 2018), the Ninth Circuit ruled that an accident plan that covers “accidental injury that is the Direct and Sole Cause of a Covered Loss”...more

Rumberger | Kirk

Combating Permanency Without A Defense Medical Expert

Rumberger | Kirk on

This brief, practical article presents strategies for challenging claims of permanent injury without relying on a defense expert. Originally published in the Trial Advocate Quarterly, Winter 2018 Volume 37, Number 1. ...more

Searcy Denney Scarola Barnhart & Shipley

What are the costs of traumatic brain injury (TBI)?

The public often expresses outrage at high-dollar verdicts when they reach the six- and seven-figure level. This is understandable in court cases, since only the jury hears all the evidence in a given case and the public is...more

Searcy Denney Scarola Barnhart & Shipley

Traumatic Brain Injury — What are the facts?

Over 5 million Americans have suffered a traumatic brain injury, or a TBI, and are living with disabilities that range from minor to severe. TBI patients who survive face a lifetime of consequences that affect every aspect of...more

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