Dillon v. Workmen's Compensation Appeal Board

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that both capacity to work and unavailability of work affect the extent of an injured employee's disability (loss of earning power)
• recognizing that both capacity to work and unavailability of work affect the extent of an injured employee's disability (loss of earning power)
• recognizing that employer is not obligated to produce evidence of change in physical condition as required by Kachinski when modification request is based solely on job availability and allowing employee the benefit of same rule
• recognizing that employer is not obligated to produce evidence of change in physical condition as required by Kachinski when modification request is based solely on job availability and allowing employee the benefit of same rule
• stating that “we determine the degree of a worker's disability by reference to how the injury affected his earning power” (citation omitted)
• recognizing that the first prong of Kachinski requiring medical evidence of a change in condition does not apply if a modification of benefits is not premised on the assertion that the injured employee has recovered some or all of his ability

Source: CourtListener parenthetical corpus (CC0).