Worker's Pot Smoking Prior to Feeding Grizzly Bears Does Not Defeat Montana Comp Claim

While the facts of the case were hotly contested, the petitioner, Hopkins, contended that he was employed by Kilpatrick at "Great Bear Adventures," a privately owned bear park. The bear park contained grizzly and black bears and was generally open to the public from Memorial Day through Labor...

Five Recent Cases You Should Know About (5/16/2010)

Larson’s Spotlight on Termination & Gun Possession, Average Weekly Wage, Intoxication, Lump Sum Payments, and Employee vs. Independent Contractor. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s Workers’...

CT: Employee's Tort Case Against Corporate Officers/Shareholders for Parking Lot Injuries May Proceed

Anne Marie Roy, an employee of Dymax, sustained injuries when she fell in the parking lot located at her employer's place of business. She sought and received workers' compensation benefits and, joined by her husband as a party plaintiff, she subsequently filed a civil action against the defendants...

Five Recent Cases You Should Know About (5/23/2010)

Larson’s Spotlight on Exclusivity/Slip & Fall Injury, Ex Parte Communication, Cancellation Notice, Hostages in Prison Break, and Fraud. 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 (5/31/2010)

Larson’s Spotlight on Sheepherder’s Death in Recreational/Social Event, Employee vs. Independent Contractor (Tattoo Artist, Sheetrock Worker), Co-Worker as Uninsured Motorist, and Return to Work/Light Work Duties. Larson's surveys the latest case developments that you need to know about...

Five Recent Cases You Should Know About (6/6/2010)

Larson’s Spotlight on Medical Care and Lawn Care Services, Concurrent Employment, Illegal Alien and Average Weekly Wage, Slip and Fall, and Parking Lot. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s Workers’...

Five Recent Cases You Should Know About (6/13/2010)

Larson’s Spotlight on Average Weekly Wage, Offset, Mental Injury, Inmate and PPOs. 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. OH : Wages...

Five Recent Cases You Should Know About (6/20/2010)

Larson’s Spotlight on Asbestos, Intentional Tort, Challenging Compensability, Interpreter Services, and Job Firing. 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 Going and Coming Rule and the Tragedy of Flight 5191: Fortney v. AirTran Airways, Inc.

Fortney v. AirTran Airways, Inc ., 2009-SC-000429-WC (Ky. 2010). Whether an employer uses transportation or transportation expense as an inducement for an employee to accept or continue employment is material to supporting compensability, particularly when the journey is sizeable and when the employer...

Delaware Stress Claim: The Sun'll Come Out Tomorrow--Not for this Andrea McCardle

Okay, you are probably wondering about the title. Andrea McArdle, a different one, with a slightly different spelling (McArdle), was a child actress from Philadelphia (a little bit of local color) pulled from the chorus of the Broadway musical Annie, to take the lead when the headliner became ill. At...

Five Recent Cases You Should Know About (6/27/2010)

Larson’s Spotlight on Immigration Status, Going and Coming Rule, Stress, Diabetes, and Wrongful Death. 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...

No "News" Here: Delaware IAB Rules Newspaper Carrier Is Independent Contractor

This week's headlines coming out of the Delaware IAB included a decision involving employment relationship. In Michael Watson v. Independent Newspapers , IAB# 1349323 (6/17/10), the Board considered the defense that the claimant, who also held full time employment at Hanover Foods, was an independent...

No Headache for This Claimant When DE IAB Allows Permanent Impairment Benefits to Both the Brain and the Head

In 2006 the claimant was struck in the head by a falling box. Prior to the litigation in question, there was a voluntary award of 5% impairment to the brain; the testimony of Dr. John Townsend (for the claimant) suggests the rating was based upon depression and the testimony of Dr. William Sommers (for...

Another Delaware UR appeal--The Jesus Syndrome: Dr. Rudin walks on water

Okay, that’s an edgy title, even for me. But you would think one would have figured out by now that the issue of surgery at the Board is sacred. And that Dr. Bruce Rudin’s arrival in Delaware approximately 15 years ago as the first certified spinal surgeon in the First State was akin to the...

Five Recent Cases You Should Know About (7/4/2010)

Larson’s Spotlight on Preferred Provider Organizations, Recreational Event, Mental-Mental Injuries, and Tactical Delays. 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...

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...

MRSA Infection Associated With Worker's Cut Finger Is Not a Consequential Injury

Oregon Court Says Ordinary Standard of Proof – Material Contributing Cause – Applies A worker cut his finger on a piece of sheet metal at work. Several days later, he developed an infection diagnosed as methicillin resistant staphylococcus aureus (MRSA). The medical evidence indicated...

Federal District Court in Michigan Again Strikes Down RICO Claims Related to Workers' Compensation Disputes

For the second time in five and one-half years, the United States District Court for the Southern District of Michigan has dismissed claims filed under the Racketeer Influenced and Corrupt Organizations Act ("RICO") against a self-insured employer, its claims administrator, and a physician...

U.S. v. Stricker: Government Loses Big Time After Federal Judge Grants Defendants’ Motion to Dismiss Based on Statute of Limitations

On September 30, 2010, the Stricker opinion was released by the Alabama District Court. The opinion validated all of the rumors as to the case being dismissed due to statute of limitations issues. As suspected, the case was dismissed on the fact that regardless of whether a three- or six-year statute...

The Top 10 Bizarre Workers' Comp Cases for 2010

In 1987, when I first went to work for Arthur Larson, Emeritus Professor of Law at Duke, multi-talented author of countless journal articles and a number of books (e.g., two non-fiction best sellers in the 60s on the American political system), as well as his flagship, Larson's Workers' Compensation...

Five Recent Workers’ Comp Cases You Should Know About (10/29/2011) – No Benefits for Worker When Her Foot Slipped Off Sandal

Larson's Spotlight on Intentional Tort, Out-of-State Worker, Slip and Fall, Court-Appointed Counsel, and Workers’ Comp Fraud . 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,...

Five Recent Workers’ Comp Cases You Should Know About (10/29/2011) – No Benefits for Worker When Her Foot Slipped Off Sandal

Larson's Spotlight on Intentional Tort, Out-of-State Worker, Slip and Fall, Court-Appointed Counsel, and Workers’ Comp Fraud . 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,...

Top 10 Bizarre Workers' Comp Cases for 2011

Last January, I shared with readers the fact that prior to his death, Arthur Larson and I had an annual ritual in which we'd meet in Arthur's home on Learned Place, near Duke University's campus, and review our respective lists of bizarre workers' compensation cases reported during the...

Larson’s Spotlight on Recent Cases: Injured HVAC Worker Established “Odd Lot” Status

Larson's Spotlight on Odd Lot, Causation, Farm Laborer, Immunity From Exclusive Remedy . 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. WY: State...

Larson’s Spotlight on Recent Cases: Gratuitous Furnishing of Company Truck

Larson's Spotlight on Company Truck and Employee Travel, Wrongful Death, Minimal Income, and Retaliatory Discharge. 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...