Matrix Employee Leasing, Inc. v. Hadley

I join in Judge Padovano’s dissent because I believe that it more correctly interprets the applicable provisions of the Workers’ Compensation Act. I write separately to express my opinion that both the approach adopted in Oswald (and reaffirmed by the majority opinion) and the approach expressed in the dissent are judicial “patches” crafted to attempt to avoid a material “gap” in disability benefits for injured workers who remain totally disabled on the expiration of temporary disability benefits. In my view, our concern with this potential “gap” is not simply a humanitarian concern for…