Five Recent Cases You Should Know About (7/9/2010)

Larson’s Spotlight on Attorney’s Fees, Exclusive Remedy, Injury En Route to Medical Appointment, Total Disability, and Off-Duty Torts. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s Workers’ Compensation...

Five Recent Cases You Should Know About (7/30/2010)

Larson's Spotlight on Mental Injury, Attorney's Fees, Death Benefits, Intentional Tort, and Statute of Limitations. 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...

Texas Senate Bill 1716 - Civil Action for Barratry

By Stuart D. Colburn, Shareholder, Downs Stanford The Governor signed into law Senate Bill 1716 which becomes effective September 1, 2011. Senate Bill 1716 provides for civil penalties for barratry. Barratry is defined under Penal Code § 38.12 as "a legal solicitation of professional...

A Lesson in Pugilism: The Battle of the AMA Guides in DE

This week's post is courtesy of Kris Starr who emailed me to say: "Rodgers v. G. Dean MacEwen. I sort of won...." And for those of you who think that any sparring which occurs at the IAB over the AMA Guide 5th versus 6th is just going to be a sweet series of pitty-pat punches, here is a...

Five Recent Workers’ Comp Cases You Should Know About (8/26/2011) – Claimant’s Degenerative Knee Injury Caused By Original Work Injury

Larson's Spotlight on Degenerative Condition, Attorney's Fees, Health Care Provider, Facial Disfigurement, and Life Care Plan. 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...

Missouri: Storm Chasing Chief Awarded Benefits for Slipping at His Home

On a dark and stormy Sunday night, a police chief fell on his driveway while getting into his truck to drive into town and check for storms. His job duties involved storm spotting by finding the highest ground to see if he could spot a tornado or any storm damage. The employer and the employer's...

Larson’s Spotlight on Recent Cases: Clash of Medical Opinions Over Surgery to Correct Injured Worker’s Enlarged Breast Condition

Larson's Spotlight on Conflict of Medical Opinions, Future Medical Payments, Employer's Safety Rules, and Lump-Sum Settlement. 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...

Can’t Buy Me Love: Appellate Attorney’s Fee Claim Whittled Down by Delaware Court

It's amazing what money can buy in the First State. It can purchase one heck of a lot of advocacy in an appeals brief, without a doubt. But that's not quite what today's case is about. The Superior Court decision du jour is Robert Bruce v. Chrysler , C.A.No. N10A-05-013-CLS (Del. Super. June...

Can’t Buy Me Love: Appellate Attorney’s Fee Claim Whittled Down by Delaware Court

It's amazing what money can buy in the First State. It can purchase one heck of a lot of advocacy in an appeals brief, without a doubt. But that's not quite what today's case is about. The Superior Court decision du jour is Robert Bruce v. Chrysler , C.A.No. N10A-05-013-CLS (Del. Super. June...

Not Just Another Daddy’s Girl….And a New Development on the Statute of Limitations in Delaware

This is really the Ketevan Sophia Sensor Post. The little charmer above is none other than Mike Sensor's daughter, Ketevan....sometimes known as "Keti Spaghetti". This child is so popular, so precocious she has her own following on Twitter. And speaking of precocious, Mike was right fully...

Not Just Another Daddy’s Girl….And a New Development on the Statute of Limitations in Delaware

This is really the Ketevan Sophia Sensor Post. The little charmer above is none other than Mike Sensor's daughter, Ketevan....sometimes known as "Keti Spaghetti". This child is so popular, so precocious she has her own following on Twitter. And speaking of precocious, Mike was right fully...

North Carolina: Attorney’s Fees in 3rd Party Actions Limited to One-Third of Injured Employee’s Recovery

While the North Carolina Industrial Commission does not have jurisdiction to determine the reasonableness of attorney’s fees in third-party negligence cases involving the rights of an injured worker vis-à-vis the subrogation interests of the employer or carrier, those fees are, nevertheless...

Vermont Workers' Compensation Update: October to December 2013

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. VERMONT DEPARTMENT OF LABOR DECISIONS Nguyen v. Best Foods Baking Co. , Opinion No. 22-13WC (October 2, 2013) Claimant’s ongoing Oxycontin medication regimen...

California Attorney’s Fee Awards in a Shifting Economy: Application of COLA

By Marianne Tancor, J.D. How to calculate and award reasonable attorney’s fees has long been a hotly disputed issue confronting the WCAB. Adding to the fire in cases where attorney’s fees must be calculated on lifetime awards of PTD or life pensions, is the issue of how, in the face of...

California: A New Year With New Rules and New Responsibilities

The Workers’ Compensation Appeals Board (WCAB) has rung in the New Year with new rules, new regulations and new responsibilities for all participants in the workers’ compensation community. It is important to be cognizant of all the changes and to realize that they spring from a variety of...

Louisiana: Medicare Set Aside Account “Seed Money” Cannot Be Used to Pay Attorney Fees

A Louisiana appellate court held that under the “clear, unambiguous, and plainly stated” provisions of the parties’ Medicare Set-Aside Agreement, the funds in the account could only be used to pay for medical services related to the injured worker’s work-related injury that normally...

Colorado: Injured Worker’s Unsuccessful Effort to Pierce Corporate Veil Does Not Justify Award of Attorney Fees in Favor of Corporate Officer

A Colorado trial court’s decision to tax an injured worker with attorney fees under Colo. Rev. Stat. § 13-17-201 was erroneous, held a state appellate court, where the intent of the injured worker was to recover unpaid workers’ compensation benefits that had been awarded by an administrative...

Defendant Gets to Select Interpreters for Depositions It Notices: Cal. Comp. Cases August Advanced Postings (8/9/2014)

Here’s the second batch of advanced postings for August 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. Flavio Solano, Petitioner v. Workers'...

Vermont Workers' Compensation Update: October to December 2014

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. The long awaited proposed re-write of the VT WC Rules has been unveiled and will be ready for public comment soon. DEPARTMENT DECISIONS Shaffer v First Choice Communications...

Connecticut: Injured Worker’s Attorney’s Fee Reduced to $1

A Connecticut appellate court affirmed a decision by the state’s Workers’ Compensation Review Board that approved of a commissioner’s decision to reduce the attorney’s fee awarded to an injured worker’s attorney from $1,481 to $1. The commissioner initially determined that...