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...

When Law Firm Revenue Morphs into an Expense It's Not Pretty

It's a wonder of nature. After spending week after week eating every green leafy vegetable in sight, a caterpillar forms itself into a chrysalis. Through the miracle of metamorphosis it emerges as a butterfly, just as delicate as it is beautiful. And, if lucky enough to stay away from your windshield...

U.S. Patent and Trademark Office To Implement New Patent Quality Process

From the USPTO : Derivation Proceeding Ensures Inventors Obtain Patents for their Inventions Washington - The U.S. Department of Commerce's U.S. Patent and Trademark Office (USPTO) announced today [Sept. 10th] that it is creating a new proceeding designed to ensure the first person to...

Fitch, Even, Tabin & Flannery LLP: Trials Before the Patent Trial and Appeal Board of the USPTO

As previously reported, last month the U.S. Patent and Trademark Office (USPTO) issued rules ("Rules") and a trial practice guide ("Guide") for trials before the newly created Patent Trial and Appeal Board (PTAB). The USPTO began conducting trials before the PTAB on September 17,...

Brad E. Bleakney Selected for Inclusion in Best Lawyers in America 2013

Brad E. Bleakney, Esq. of Bleakney & Troiani , Chicago, Illinois, was selected for inclusion in Best Lawyers in America for Workers’ Compensation in Illinois for 2013. Mr. Bleakney practices in the area of work related injury claims, Illinois Workers’ Compensation and related third party...

Longshore Act: Deciphering Section 28(b) After Andrepont

By Paul B. Howell, Esq., Franke & Salloum, PLLC, Gulfport, Mississippi In 1822, a sweaty scientist in a dimly-lit room looked at a rock from Egypt and discovered the key to decoding Egyptian hieroglyphics. 175 years later, a Fifth Circuit Court of Appeals judge with a cup of coffee in his hand...

Fulbright Briefing: In Mixed Ruling, California Court Addresses Interplay Between Arbitration and Choice-of-Law Provisions in Customer Agreements

By Ellen Bush Sessions , Eric A. Herzog and Spencer Persson In a recent decision with implications for broker-dealers and other companies that do business in California, the California Court of Appeal considered whether the Federal Arbitration Act (FAA) (9 U.S.C. sections 1-16) preempted application...

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...

Supreme Court Hears Dispute Over Foreign Copyrights, Domestic Resale

WASHINGTON, D.C. — (Mealey's) After a 4-4 split on the issue just two years ago in Costco Wholesale Corp. v. Omega S.A . ( 131 S. Ct. 565 [2010]) [ enhanced version available to lexis.com subscribers ], the U.S. Supreme Court on Oct. 29 heard oral arguments in a case that poses the question...

Fulbright & Jaworski LLP: Summit Petroleum: EPA's Aggregation of Oil and Gas Emissions Based on 'Mere Functional Relatedness' is Unreasonable

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit* in Summit Petroleum Corporation v. U.S. Environmental Protection Agency (Nos. 09-4348; 10-4572) [ enhanced version available to lexis.com subscribers ] vacated EPA's order aggregating Summit's sour gas wells and sweetening...

Liberal Republicans, Consensus Politics, and a Fluke: The WILG Looks Back on 40 Years of Worker Advocacy

By Karen C. Yotis, Esq. © Copyright 2012 LexisNexis. All rights reserved. When the Workers’ Injury Law & Advocacy Group (WILG) met in Chicago during 2012 to mark the 40th anniversary of the National Commission on State Workmen’s Compensation Laws, it commemorated a fluke. The...

Liberal Republicans, Consensus Politics, and a Fluke: The WILG Looks Back on 40 Years of Worker Advocacy

By Karen C. Yotis, Esq. © Copyright 2012 LexisNexis. All rights reserved. When the Workers’ Injury Law & Advocacy Group (WILG) met in Chicago during 2012 to mark the 40th anniversary of the National Commission on State Workmen’s Compensation Laws, it commemorated a fluke. The...

K&L Gates Team Wins Major Jury Verdict For Carnegie Mellon University In Patent Infringement Case

PITTSBURGH - A team of lawyers from global law firm K&L Gates LLP led Carnegie Mellon University (CMU) to victory over Marvell Technology Group Ltd. and Marvell Semiconductor, Inc. in front of a Pittsburgh jury Dec. 26, winning a $1.1 billion verdict, K&L Gates announced in a press release. ...

New 2012 Trends for Missouri Worker's Comp

The Missouri worker’s compensation system faced many challenges in 2012 operating with a glut of litigated second injury fund cases, a legislature not inclined to provide a “fix”, and a short-staffed commission which has had an absent chair for nearly 6 months. Reported cases represent...

Publication Update: Immigration Law & Procedure - The Treatise

For those of you who subscribe to Immigration Law & Procedure (a.k.a. 'the Treatise,') here is a link to the latest updates . Not yet a subscriber? Call 1-888-AT-LEXIS or go online .

Apple® Products: Sturdy Security, PC Differences Require Special Attention in Discovery

It seems like they have been around much longer, but the first iPod ® was released by Apple Inc. in November of 2001. Suddenly many consumers were using a product made by the maker of Mac ® computers, loved by the likes of artists, designers and educators-but not the average cubicle jockey or...

Supreme Court Rejects "Anything That Floats" Test to Determine Vessel Status

By John E. Kawczynski Field Womack & Kawczynski, LLC . South Amboy, New Jersey In Lozman v. City of Riviera Beach, Florida, 2013 U.S. LEXIS 907 , 568 U.S. ____, 184 L. Ed. 2d 604 (Jan 15, 2013), the U.S. Supreme Court was asked to determine whether the City of Riviera Beach, Florida, properly claimed...

Longshore Act: Is Application of the Section 14(f) Penalty Mandatory When Equitable Considerations Warrant Otherwise?

By Monica F. Markovich and Jonathan A. Tweedy, Brown Sims, P.C., Houston, Texas and New Orleans, Louisiana The Longshore and Harbor Workers’ Compensation Act (the “Act”) encourages the prompt payment of compensation benefits ( 33 U.S.C.S. § 901 et seq.). Where the compensation...

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...

Massachusetts Jury Awards $63 Million To Girl, Parents For Children's Motrin Injuries

BROCKTON, Mass. - (Mealey's) A Massachusetts state court jury on Feb. 13 awarded $63 million to a family whose young daughter was severely injured by a reaction to Children's Motrin ( Lisa Reckis, et al. v. Johnson & Johnson, et al. , No. PLCV2007-00064, Mass. Super., Plymouth Co.). According...

BPA, the never-ending saga

Prior posts have reviewed various studies that indicate that BPA has estrogenic effects. In January 2013 the Office of Environmental Health Hazard Assessment (OEHHA) proposed listing BPA under California's Proposition 65 because OEHHA's evaluation of the data indicated an adverse impact on...

Steptoe & Johnson PLLC: West Virginia Supreme Court of Appeals Rules in Gas Utility Case

By Lori A. Dawkins and Allison J. Farrell The West Virginia Supreme Court of Appeals just issued an important decision for all natural gas utilities with operations in West Virginia with its Memorandum Decision No.11-1511 (Harrison County 10C391). In this decision, issued February 11, 2013, the state's...

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...

Fulbright Briefing: Supreme Court Holds That Alien Tort Statute Does Not Have Extraterritorial Jurisdiction

On April 17, 2013, the United States Supreme Court held that the Alien Tort Statute ("ATS") does not have extraterritorial jurisdiction in a 9-0 decision in Kiobel v. Royal Dutch Petroleum Co. [lexis.com subscribers can view the enhanced opinion and the briefs in this case.] The ATS provides...