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Workers' Compensation: The Industrial Commission denied the employee's claim for temporary partial disability compensation. The Commission ruled that the reduction in wages that our client received was because of problems with the company's workload due to the economy. It was determined that he didn't receive less pay because of his injury or from the less-paying job within the company that he had to take because of the injury.

Although this case was not a "win" for us, it's important to note that an attorney is needed when you have a complicated case.  We did get the employee the correct amount of weekly workers' comp he was due because of the injury to his wrist from the wooden pallet falling on it.  But the change in the number of employees at the company (from 500 to 19 due to layoffs) was determined as the reason the employer didn't have a job for the client.  It is important to determine if temporary disability pays more than unemployment and take the best route from there. The hearing did set the stage though for a significant settlement a few months later on. Why? Well in the course of showing that the lack of work for plaintiff was due to the bad economy and not his injury the defendants basically admitted that there was no other work available anywhere else. They basically boxed themselves in so when the plant completely closed we already had proof they would never find another job for our client.

Click to read the Industrial Commission decision.  User name is "public" and there is no password.

Read More About Workers' Compensation: The Industrial Commission denied the employee's claim for temporary partial disability compensation. The Commission ruled that the reduction in wages that our client received was because of problems with the company's workload due to the economy. It was determined that he didn't receive less pay because of his injury or from the less-paying job within the company that he had to take because of the injury....

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FAQs

Workers' Compensation

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Case Studies

Workers' Compensation

What Can Go Wrong with a Return to Light Duty Work.

How a Functional Capacities Evaluation Can Wreck a Claim.

An Example of a Workers' Comp Adjuster Manipulating the Recorded Statement.

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