By Traci Haynes, staff attorney, Gray One of the most commonly asked questions at mediation is, “If I accept the initial payment of permanent partial disability, will it prevent me from requesting permanent total after the initial compensation period?” For years it has gone unanswered. The Appeals Board heard arguments on this issue of first … Continue reading Weighty Perm Total Opinion in the Works
Category: Attorney Traci Haynes
Board Defines “Underlying” for Temporary Disability Benefits
By Traci Haynes, staff attorney, Gray Last month, the Appeals Board heard oral arguments in Basham v. SPB Hospitality. The Board has now issued its opinion and explained the meaning of an “underlying physical injury” in the context of temporary total disability benefits. In the case, Basham requested an expedited hearing to reinstate temporary total … Continue reading Board Defines “Underlying” for Temporary Disability Benefits
Board Reverses Summary Judgment When Disputed Facts Exist
By Traci Haynes, staff attorney, Gray Summary judgment wasn’t appropriate in a case involving too many disputed facts, where the trial court didn’t explain why certain disputed facts were immaterial. An earlier article discussed the oral arguments in Timothy Burke v. Steve Towers Enterprises. Burke was managing an automobile repair store, when he and a … Continue reading Board Reverses Summary Judgment When Disputed Facts Exist
Board Dissects the Meaning of “Underlying”
By Traci Haynes, staff attorney, Gray We use homonyms or multiple-meaning words every day. For example, left as in “Joe left the room,” or “hand me the book to the left.” We begin learning the distinctions at an early age. Spend a day with an inquisitive toddler, and you’ll quickly know what I mean. Earlier … Continue reading Board Dissects the Meaning of “Underlying”
From the Bench 