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The Ultimate Soy Allergy: No Permanency Benefits for Claimant Crushed to Death In Grain Elevator

I reported on one of the pre-trial motions in this case in my post of 2/28/12 titled " Body of Evidence ". Interesting case about where an autopsy was performed on the down low in a case involving a catastrophic and posthumous claim for permanent impairment. Prior to that, there was a Motion...

The Ultimate Soy Allergy: No Permanency Benefits for Claimant Crushed to Death In Grain Elevator

I reported on one of the pre-trial motions in this case in my post of 2/28/12 titled " Body of Evidence ". Interesting case about where an autopsy was performed on the down low in a case involving a catastrophic and posthumous claim for permanent impairment. Prior to that, there was a Motion...

Getting a Grip on Conditions for Use of the Grip Loss Metric in the AMA Guides Fifth Edition

Lexis.com subscribers can link to the cases cited below. The AMA Guides generally disfavors grip loss as a measurement for rating a whole person impairment (WPI). (See AMA Guides Fifth Edition, page 508.) However, a series of recent WCAB panel decisions indicate that there may be circumstances when...

Getting a Grip on Conditions for Use of the Grip Loss Metric in the AMA Guides Fifth Edition

Lexis.com subscribers can link to the cases cited below. The AMA Guides generally disfavors grip loss as a measurement for rating a whole person impairment (WPI). (See AMA Guides Fifth Edition, page 508.) However, a series of recent WCAB panel decisions indicate that there may be circumstances when...

A Double Dip of Permanency as Delaware Celebrates the Fourth of July

Hopefully you are all back at your desk after an extended holiday. My daughters are pictured above enjoying the Rockwood Ice Cream Festival this past weekend. And ice cream is about all one claimant can hope for after a recent ruling disallowing her any level of benefits under Section 2326 . Check out...

A Double Dip of Permanency as Delaware Celebrates the Fourth of July

Hopefully you are all back at your desk after an extended holiday. My daughters are pictured above enjoying the Rockwood Ice Cream Festival this past weekend. And ice cream is about all one claimant can hope for after a recent ruling disallowing her any level of benefits under Section 2326 . Check out...

Brain Teaser: A New Take on Head Trauma and Related Impairment in Delaware

The summer release of IAB decisions includes two recent rulings that deal with closed head injury and claims for permanent impairment pursuant to 19 Del. Code Section 2326 . Both are claimant-friendly rulings worth sharing. Case #1: Charles Buckman v. Matrix Services , IAB#1342204 (6/13/12). Claimant...

Brain Teaser: A New Take on Head Trauma and Related Impairment in Delaware

The summer release of IAB decisions includes two recent rulings that deal with closed head injury and claims for permanent impairment pursuant to 19 Del. Code Section 2326 . Both are claimant-friendly rulings worth sharing. Case #1: Charles Buckman v. Matrix Services , IAB#1342204 (6/13/12). Claimant...

Workers’ Comp, Texas Style: A Highly Regulated System in a Pro-Business State

By Stuart D. Colburn and Albert Betts, Jr. Cotton, cattle and oil were the primary economic engines when Texas first adopted workers’ compensation. In the 100+ years since, the economy and workers’ compensation laws have changed dramatically. The shift from an agricultural to a manufacturing...

California: You Better Be Ready to Lawyer Up!

Most people involved with California’s workers’ compensation system would say that over the past twenty years, the process has become increasingly litigious. There can be little question that the issues have become increasingly technical. The workers’ compensation practitioner now must...

AMA Guides Fifth Edition Figure 15-19: Strict or Alternative WPI Rating?

By Robert G. Rassp, Esq. Figure 15-19 on page 427 of the AMA Guides Fifth Edition has been frequently used by physicians to describe lumbar or cervical spine impairments based on the partial loss of function of a sub-region of the spine. This is due to the footnote under the drawing that states: “The...

AMA Guides Fifth Edition Figure 15-19: Strict or Alternative WPI Rating?

By Robert G. Rassp, Esq. Figure 15-19 on page 427 of the AMA Guides Fifth Edition has been frequently used by physicians to describe lumbar or cervical spine impairments based on the partial loss of function of a sub-region of the spine. This is due to the footnote under the drawing that states: “The...

Getting a Grip on the AMA Guides

Lexis.com subscribers can link to the cases cited below. Subsequent to the passage of SB 899 in California, permanent disability is determined by using the American Medical Association’s Guides to the Evaluation of Permanent Impairment , Fifth Edition (AMA Guides). The AMA Guides are very specific...

Head Case: Superior Court Upholds Delaware IAB Decision Denying Permanent Impairment In Head Trauma Case

Cases involving head trauma are usually taken pretty seriously by the Delaware IAB. And the experienced practitioner knows that a variety of permanency can be fleshed out of a good old-fashioned knock on the noggin. As a chronic migraine sufferer (with no history of trauma), I for one am quite sympathetic...

Strong Association Exists Between AMA Guides Impairment Ratings and Earnings Losses, But Losses Vary Significantly Across Body Regions

By Robert G. Rassp, Esq. and Robin E. Kobayashi, J.D. A new major study funded by the California Commission on Health and Safety and Workers’ Compensation (CHSWC) focuses on the AMA Guides Fifth Edition in California but has implications for the AMA Guides Fourth and Sixth Editions used in other...

Larson’s Spotlight on Recent Cases: Psychic Injury Need Not Be Immediately Apparent

Larson's Spotlight on Psychic Injury, Diversity Jurisdiction, Permanent Impairment, and Tort Action. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. ...

California: SB 863 and Benson

By Robert G. Rassp, Esq. Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Call me weird, obsessed, bored, or deeply disturbed but recently while I was on my almost daily four-mile hike in the hills of Porter Ranch, I was thinking about...

New York Workers’ Compensation State of Mind

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. The 2013 Edition of New York Workers’ Compensation Handbook is now available. The following article is excerpted from the Handbook: The year 2012 saw growing controversy over the...

Impairment Guides Resource Center (updated 9/9/2013)

Welcome! We've designed this resource center to help you locate Impairment Guides-related materials, here on the LexisNexis Workers' Compensation Law Community, the Internet, and lexis.com. Please be sure to check back often for new updates to the resource center. TABLE OF CONTENTS Free...

Salt Water Taffy and a Tad Of Permanency--DE IAB Rules On Disputed Value Of a Pelvis and Creates a Value For the Biliary Tract

So, of course, as I have one foot out the door to head to the beach, the IAB ruling I have been tracking hits my desk. Did you know that prior to this decision, there were three inconsistent IAB decisions assigning three different values to a pelvis? (Say it ain’t so!) One award was based on 150...

If I Only Had a Brain…… DE IAB Rules On Issue Of “Biological Depression” and Brain Impairment

I love it when people read my mind. I also love it when I have a guest blogger. So today’s post is a happy constellation of circumstance, thanks to Kim Harrison of Marshall, Dennehy. Kim contacted me yesterday on the very case that was slated for my next discussion. I will let Kim tell you:...

Beauty Is In the Eye…..A Primer On Delaware’s Bagley Analysis For Disfigurement

Another guest blogger today, and with today’s post comes some insight into the Bagley analysis for work comp, courtesy of Sheldon Saints. You may vaguely recall that Bagley is that case that more or less examines that portion of our disfigurement statute, 19 Del. Code Section 2326(f), [ enhanced...

Let It Bleed: A Delaware Case On Venous System Impairment

I recently put a call out for case law guidance on certain of the more obscure permanency values. One of them was the vascular system. And lo and behold, right on top of things was Walt Schmittinger with John Lowman v. Connectiv Power Delivery , IAB#1188166 (10/30/03) , an older case, which like the...

Vermont: Agreement to Arrange for Impairment Rating Medical Visit Does Not Toll Statute of Limitations

The State of Vermont, as employer, did not waive the affirmative defense of statute of limitations when it agreed to claimant’s Fall 2010 request for an impairment rating related to his January 1996 work-related injury. While a lower court did err when it determined that Workers’ Compensation...

Iowa: High Court Allows Apportionment for Prior Disability, Clarifies Earlier Ruling

Where an Iowa employee worked concurrently for employer A (“A”) and employer B (“B”), sustained compensable permanent injuries while working for A, received a permanent impairment award from A and, after ceasing employment with A, suffered an additional work-related injury working...