Monday, March 22, 2004

Supreme Court Takes Gardner, Denies Employer's Appeal in Cryder

The Supreme Court granted allowance of appeal in Gardner v. WCAB (Genesis Health Ventures) January 15, 2003 post, which held an Employer may not have an IRE if it is not requested in the sixty (60) day window after the expiration of 104 weeks of temporary total disability. The Supreme Court denied the Employer's petition for appeal in Cryder v. WCAB (National City) June 24, 2003 post, which held when a Claimant on light duty was terminated for not meeting her production goals, her loss of earning power was through no fault of her own.

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