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...

2012 Annual Longshore Conference

By Ralph R. Lorberbaum, Zipperer, Lorberbaum & Beauvais, Savannah, Georgia A record crowd of 342 were in attendance at the 34th Annual Loyola Longshore Conference held in New Orleans on March 15 and 16, 2012. Excellent speakers presented well-prepared papers and oral presentations on a number of...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (7/23/2012)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS WILG Symposium on 40th Anniversary of Nat'l Commission on WC Laws . NCCI Reports on Impact on Impairment...

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: Paradigm Shift?

The workers' comp community is abuzz with rumors about the impending comprehensive comp reform bill. I've not yet seen the bill (which could still be revised before it is introduced in print in the next week or so). But based on the summary in Workcompcentral.com that ran yesterday, if...

California: Paradigm Shift?

The workers' comp community is abuzz with rumors about the impending comprehensive comp reform bill. I've not yet seen the bill (which could still be revised before it is introduced in print in the next week or so). But based on the summary in Workcompcentral.com that ran yesterday, if the...

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...

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...

The Rassp Report

The Rassp Report, a law blog Robert G. Rassp, Esq. Author, " Lawyer's Guide to the AMA Guides and California Workers' Compensation ," 2013 © Lexis Nexis/Matthew Bender & Co. Chairman of the Board of Directors, Friends Research Institute: www.friendsresearch.org Read...

I Walked Out Into West, Texas

By Stephen C. Embry, Esq. On April 17, 2013 an explosion at the West Chemical and Fertilizer Co., registering 2.1 on the Richter scale, leveled the plant and much of the surrounding town of West, Texas. The explosion was so powerful and destructive that it created a cloud of confusion as well as a...

Vermont Workers' Compensation Update: April to June 2013

VERMONT SUPREME COURT DECISIONS Brown v W.T. Martin Plumbing & Heating, Inc. , 2013 VT 38 [ 2013 VT 38 ] (Jun. 21, 2013). Court reverses decisions of both the Commissioner and de novo bench determination (Judge Wesley) in determining that CRPS impairment ratings can be awarded pursuant to the...

Tinnitus and Hearing Loss: Noteworthy AMA Guides Cases

Each year in the medico-legal treatise Occupational Injuries and Illnesses (LexisNexis), we survey court decisions involving the AMA’s Guides to the Evaluation of Permanent Impairment. Here are some interesting cases involving tinnitus and hearing loss where the AMA Guides were applied. Attention...

Injury to the Ear, Tinnitus: Is it More of an Injury Than We Think? Are We Missing Something Here?

By Steven M. Birnbaum, Law Offices of Steven M. Birnbaum, San Rafael, California Section 908(a)(13) (33 U.S.C.S. § 908(a)(13)(E)) defines compensation for disability under the Longshore and Harbor Workers' Compensation Act (33 U.S.C.S. § 901 et seq .) and prescribes that “Determinations...

Wyoming: Increase in PPI After Additional Surgery Denied Based on AMA Sixth

Illustrating a point argued by many claimants’ attorneys—that the 6 th Edition of the AMA Guides provides for significantly lower levels of permanent partial impairment than did the 5 th Edition—the Supreme Court of Wyoming recently affirmed the Commission’s denial of a claimant’s...

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...

California: Rating Impairments That Are Missing From the AMA Guides

Attention Lexis Online Subscribers: Case citations link to lexis.com. Bracketed case citations link to Lexis Advance. In the recent WCAB panel decision of Cannon v. City of Sacramento, (2012) 2012 Cal. Wrk. Comp. P.D. LEXIS 615 [ 2012 Cal. Wrk. Comp. P.D. LEXIS 615 ], the WCAB Commissioners analyzed...

Air Ambulance En Banc Decision Denied Writ of Review: Cal. Comp. Cases September Advanced Postings (9/11/2013)

The following are advanced postings for the September 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Zenith Insurance Company, insurer for Couto...

SSA Finding of Disability Used to Apply Conclusive Presumption of Dependency: Cal. Comp. Cases October Advanced Postings (10/4/2013)

Here’s the second batch of advanced postings for the October 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. City and County of San Francisco...

FEHA Settlement Didn’t Preclude TTD Award: Cal. Comp. Cases November Advanced Postings (10/22/2013)

Here’s the first batch of advanced postings for the November 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2013 LexisNexis. All rights reserved. Zurich North America, insurer...

Are Chronic Pain Syndromes and Drug Dependency Ratable Under the AMA Guides? If So, How?

By Robert G. Rassp, Esq. © Copyright 2014. Excerpted from The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation , 2014 Edition (LexisNexis). Reminder to Calif. Workers' Compensation Judges: You have access to this publication on Lexis Advance. References...

California Workers' Comp Case Roundup (2/9/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 1 January 2014 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 © Copyright 2014 LexisNexis. All rights...

Pennsylvania: Court Disqualifies Impairment Rating Evaluation of Board-Certified MD on Statutory Grounds

A Pennsylvania appellate court affirmed the denial of an employer’s petition to modify an injured employee’s benefits on the ground that the physician who performed the Impairment Rating Evaluation (IRE) on which the Modification Petition was based did not meet the requirement of Section...

Employer 90 Percent at Fault for Applicant’s Burn Injuries: Cal. Comp. Cases April Advanced Postings (4/16/2014)

Here’s the fourth batch of advanced postings for the April 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights reserved. Illinois Midwest Insurance Agency...

Iowa: “Lower Extremity” Is Not Same Thing as “Leg”; Award Made for Injury to the Body as a Whole

An Iowa appellate court affirmed a finding that an injured employee's deep vein thrombosis constituted an injury to the body as a whole and that the employee was entitled to an award of 60 percent industrial disability. The court said substantial evidence supported the commissioner's determination...