California Workers' Compensation Cases Roundup 10/7/2010

CALIFORNIA COMPENSATION CASES Vol. 75, No. 9 September 2010 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE Appellate Court Compensation Case ...

Five Recent Cases You Should Know About (10/8/2010)

Larson's Spotlight on Medicare Secondary Payer, Increased Risk, Recreational Social Activity, Neutral Risk, and Employment Contract. 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 ...

Iowa: Employee Bowling League Injury Not Work-Related

Extensively citing Larson’s definitive work on Workers’ Compensation, the Iowa Court of Appeals found that an employee who is injured in a company bowling event is not entitled to workers’ compensation benefits, reversing the finding of the Iowa Workers’ Compensation Commissioner...

Texas Appeals Panel Decision No. 100308 - Causation

By Stuart D. Colburn, Shareholder, Downs Stanford The Claimant worked as a security guard. A nearby refinery released chemical fumes including naphthalene. The Claimant alleged an occupational exposure and sought medical care from two different facilities. He was diagnosed with unspecified chest...

Halloween and the Workplace: 'Things That Go Bump in the Night'

From goulies and ghosties And long-leggedy beasties And things that go bump in the night Good Lord, deliver us! From the Cornish or West Country Litany, 1926 Throughout the calendar year, employees within the workplace must attend to their duties while facing various hazards. For example...

Five Recent Cases You Should Know About (3/4/2011)

Larson's Spotlight on Employee Status, Street Risk Doctrine, Course and Scope of Employment, Recklessness by Employee, 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...

Workers’ Compensation and Home Office Injuries: Dogged Claimant One Step Closer to Victory in Oregon

By Karen Yotis, Esq. Traditional approaches to precepts as basic as ‘course and scope of employment’ and ‘traveling employee’ may be going to the dogs in Oregon because of a claim involving an interior decorator whose Home Sweet Home also functioned as her Home Sweet Office...

Two Out of Three Ain't Bad-- A Little Ditty about Course and Scope in Delaware

Last month must have been course and scope month at the IAB. Three recent releases from the IAB all discuss the issue of course and scope, specifically the "going and coming rule". I myself took a little trip down to Baltimore two nights ago to be part of a Charles Stanley book signing at Barnes...

A Little Bit of March Madness in September – A New Ruling from the DE IAB Regarding a Company Athletic Event

Props to Larry Kimmel of Kimmel, Carter, Roman & Peltz, who rather sheepishly shared our case du jour. He was embarrassed because he won and didn't want to appear like he was trying to call attention to himself. Anyone who knows Larry knows that that is just not his way. Thank you Larry for bringing...

Bad News for Nevada Injured Workers Who Fall at Work?

According to the U.S. Bureau of Labor Statistics, in 2010, about a fifth of all workplace fatalities in Nevada were caused by a worker falling. Almost every serious fall injury I've handled in the Nevada work comp arena in the past fifteen years was caused either by the employer's obvious failure...

Larson’s Spotlight on Recent Cases: North Dakota Refuses to Adopt Positional Risk Doctrine

Larson's Spotlight on Positional Risk Doctrine, Medical Evidence, Total Permanent Disability, and Deviation From Employment. 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...

Have Crockpot, Will Travel: A Delaware Decision on Course & Scope

As many of you now know, I had a fall of sorts at work a month ago and a recent MRI now shows fractures of the cuboid and the calcaneous. So no stilettos for me. And I have a work comp prescription card. Vicodin on someone else's dime. Pretty darn sweet. Accordingly, I now relate to the plight of...

Have Crockpot, Will Travel: A Delaware Decision on Course & Scope

As many of you now know, I had a fall of sorts at work a month ago and a recent MRI now shows fractures of the cuboid and the calcaneous. So no stilettos for me. And I have a work comp prescription card. Vicodin on someone else's dime. Pretty darn sweet. Accordingly, I now relate to the plight of...

California: Causation of Injury v. Causation of Disability

Lexis.com subscribers can link to the cases cited below . The issue of causation has been a central theme in many recent cases. However, given that there are two types of legal causation in the world of workers’ compensation, it’s easy for people to get confused. 1. Causation of Injury...

Larson’s Spotlight on Recent Cases: Spouse’s Loss of Consortium Action Against Employer Barred by Exclusive Remedy Rule

Larson's Spotlight on Exclusive Remedy, Settlement Agreement, Tort Immunity for Co-employee, Narcotics and Return to Work. 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...

Larson’s Spotlight on Recent Cases: Court Bars Medical Expert Testimony on Sick Building Syndrome

Larson's Spotlight on Sick Building Syndrome, Wrongful Death and Exclusive Remedy, Retaliatory Discharge, and Unexplained Fall. 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...

Larson’s Spotlight on Recent Cases: Exclusive Remedy Defense Stands In Spite of Less than “Adequate” Recovery

Larson's Spotlight on Exclusive Remedy, Co-Employee Exclusivity, Psychiatric Condition, and Violation of Safety Rule. 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...

They’ve Paved Paradise and Put Up a Parking Lot….a Delaware Primer on the Premises Rule

Three beautiful children.....Ben, Allison and Chase. They belong to my partner Tim Lengkeek. Tim and his wife Michele make pretty kids. Tim makes even prettier law.....be it in work comp or otherwise. Today's post is a gift for all the neophyte comp lawyers. Nothing novel, nothing too intense...

They’ve Paved Paradise and Put Up a Parking Lot….a Delaware Primer on the Premises Rule

Three beautiful children.....Ben, Allison and Chase. They belong to my partner Tim Lengkeek. Tim and his wife Michele make pretty kids. Tim makes even prettier law.....be it in work comp or otherwise. Today's post is a gift for all the neophyte comp lawyers. Nothing novel, nothing too intense...

Nurse Proved Stressful Work Caused Cerebral Stroke: Cal. Comp. Cases November Advanced Postings (11/14/2012)

Here’s the fourth batch of advanced postings for the November 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. County of Riverside, PSI, Petitioner v. Workers'...

Happy Birthday, Cruiser T…..and a Premises Rule Decision In DE That’s a Gift for Claimants Everywhere

Today is Cruiser T's first birthday. You may recall that little Cruiser is the younger of my two rescue cats.....his older sister being the infamous Nutella Grace. I think I am going to bring home a vanilla ice cream cake and let Cruiser have at it. Today is also special in that I heard from...

Happy Birthday, Cruiser T…..and a Premises Rule Decision In DE That’s a Gift for Claimants Everywhere

Today is Cruiser T's first birthday. You may recall that little Cruiser is the younger of my two rescue cats.....his older sister being the infamous Nutella Grace. I think I am going to bring home a vanilla ice cream cake and let Cruiser have at it. Today is also special in that I heard from...

Larson’s Spotlight on Recent Cases: Video Evidence Not Disqualified for Three-Second Gap

Larson's Spotlight on Videotape Evidence, Going and Coming Rule, PTSD, and Foot Injury. 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. NC: Three...

Use of Workers’ Comp Doctrines Within Tort Arena: Borrowed Legal Doctrines Don’t Really Fit

Attention Lexis Online Subscribers: Citations below link to lexis.com. Bracketed citations link to Lexis Advance . During a conversation years ago with my mentor and friend, Arthur Larson, I asked him if there were special challenges in teaching workers’ compensation law. Arthur allowed that...

AR: Co-employee Immunity Applies to Erratic Driving of Golf Cart

The majority of jurisdictions provide immunity from tort liability for co-employees whose actions are within the course and scope of the employment [see Larson’s Workers’ Compensation Law , § 111.03]. Arkansas has a somewhat more restrictive rule, allowing co-employee immunity only where...