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Government Benefits

[03/08] Wildman v. Astrue
In a petition for review of the denial of social security disability benefits, the petition is denied where: 1) the Administrative Law Judge (ALJ) did not err in discounting a physician's opinion because it was conclusory and failed to account for petitioner's unjustified noncompliance; 2) the ALJ did not err when he discounted petitioner's testimony regarding her limitations due to her noncompliance; and 3) the ALJ properly considered and weighed the available medical evidence and petitioner's testimony.

[03/05] Rhine v. Stevedoring Servs. of Am.
In a petition for review of a decision of the Benefits Review Board under 33 U.S.C. section 921(c) of the Longshore and Harbor Workers' Compensation Act, the petition is denied where: 1) a reasonable mind could have concluded that the Pacific Maritime Association Average adequately represented petitioner's annual earning capacity; and 2) the availability of alternative employment was determined by reference to two criteria: the claimant's physical abilities and the economic availability of particular jobs in the market.

[03/03] California Pharm. Ass'n v. Maxwell-Jolly
In an action to enjoin the California Department of Health Care Services Director from implementing state legislation reducing payments to certain medical service providers, a preliminary injunction in favor of plaintiffs is affirmed where the state failed to study the impact of a 5% percent rate reduction on the statutory factors of efficiency, economy, quality, and access to care prior to implementing the rate reductions.

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Information Regarding Legal Topics

  • In a petition for review of the Benefits Review Board's determination that petitioner was not entitled to disability benefits under the Longshore and Harbor Worker's Compensation Act, the petition is denied where psychological injuries that result from legitimate personnel actions are not compensable under the Act. Read More

  • Department of Justice's Bureau of Justice Assistance's (BJA) denial of claim for benefits by plaintiff and her three children under the Public Safety Officers' Benefits Act (PSOB Act) 42 U.S.C. section 3796, is affirmed as the BJA correctly determined that plaintiff's deceased husband did not die as a result of the type of "injury" that is compensable under the PSOB Act. Read More

  • Decision of the Veterans Court holding that 38 C.F.R. section 3.343(a) does not apply to assignments of retrospective staged ratings that include a temporary total disability rating is affirmed as the Department of Veterans Affairs' interpretation of the applicability of the section is not plainly erroneous or inconsistent with the regulation. Read More

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