Archive | Romas Stonys

Winifred Whitaker v. Walmart, Inc.

May 12, 2022  |   Romas Stonys  

Winifred Whitaker v. Walmart, Inc., No. WC21-6439 (W.C.C.A, March 23, 2022) The WCCA found that the compensation judge did not abuse her discretion in dismissing the Employee’s claim with prejudice for failure to prosecute her claim, failure to comply with court orders, and failure to cooperate with discovery. This case involved the Employee who claimed entitlement to workers’ compensation benefits...

Larry Horton v. Aspen Waste Sys.

January 04, 2022  |   Romas Stonys  

Larry Horton v. Aspen Waste Sys., Inc., No. WC21-6412 (W.C.C.A, December 1, 2021). The WCCA reversed the compensation judge’s award of attorney fees from the Employee’s benefits and noted that where substantial evidence fails to support the compensation judge’s determination that there was a genuine dispute over PPD benefits, the fees awarded must be reversed. This case involved an Employee who...

Gerald Grace v. Smith Foundry Co.

November 15, 2021  |   Romas Stonys  

Gerald Grace v. Smith Foundry Co., No. WC21-6409 (W.C.C.A. October 5, 2021 The WCCA affirmed the compensation judge’s award of Roraff and Irwin fees. The court reasoned that where the compensation judge weighed all Irwin factors, it was within her discretion to give more weight to the factor regarding the difficulty of the issues than to that of the results obtained factor. This case involved an...