Increase in Distracted Drivers Has Serious Ramifications for Fleet Risk Managers

By Rebecca Shafer, LowerWC.com Amaxx Risk Solutions, Inc. Do workers compensation laws need to be revised to exclude people who cause injury to themselves and others when driving distracted? And, how do employers manage this risk? As of today, a Google search showed 39 states (up from 32 in 2011...

The Passover Post: Delaware IAB Comments on Residence Status and the Displaced Worker

You've got to hand it to Mike Silverman. I count Mike among my dear friends and often find him at the top of my list of opponents. I have seen Mike in action recently as it relates to the client who speaks no English. Mike is fluent in Spanish and it is a thing of awe and wonder to watch him convey...

Workers' Comp Fraud Blotter (3/28/2013) – Disabled Cop Thought Playing Baseball Was Good For His Achy Back

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud...

Larson’s Spotlight on Recent Cases: Idiopathic Fall From Bridge Arose From Employment

Larson's Spotlight on Idiopathic Fall, Hepatitis, Slip and Fall, and Heart Attack. 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. LexisNexis...

The April Fools Post: The DE Supreme Court Excludes UIM Policy Proceeds from Statutory Comp Lien

This is serious business, folks, notwithstanding the title of today's post.....Props to Cheryl Ward of Franklin & Prokopic who, like me, spent part of her Good Friday keeping vigil over any late-breaking news in the world of comp. And heralding from the Delaware Supreme Court is Kingsley Simendinger...

Up the Appellate Ladder and Still No Section 2326 Permanency For Estate Of Injured Worker In DE Who Was Smothered In Grain

You first read about this case in regard to my post of 2/28/12 (Body of Evidence) and also 4/17/12 (The Ultimate Soy Allergy) . This unfortunate claimant was crushed to death in a grain elevator. The first post had to do with the claimant's counsel conducting an exhumation and autopsy on the down...

A Significant Bench Ruling On Delaware’s Section 2311 Contractor Statute….As It Happily Collides With The Doctrine Of Exclusivity

Today's post comes to us courtesy of Mike Sensor. Mike contacted me last week with some background information in a case of first impression for which he was awaiting a bench ruling transcript from Sussex County Superior Court. I am always excited to hear from Mike, as he is someone I consider...

Better Late Than Never? Not So Much On Motion Day In The First State

Today's post comes to us from Mike Silverman. To many of you, Mike in a principal in Silverman, MacDonald and Friedman. To the rest of us, he is Daddy to collegiate golf's new "it girl"...... Maddy "Boom Boom" Silverman. Maddy is living the dream at Boston University (on Mike's...

Workers' Comp Fraud Blotter (4/4/2013) – Disabled Rural Mail Carrier Gets Five Months in Prison For Running Spa and Fitness Center and Giving Massages

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud...

Larson’s Spotlight on Recent Cases: No Offset Against Workers’ Comp Benefits Allowed for Unemployment Benefits

Larson's Spotlight on Offset, Retirement, Independent Contractor, and Choice of Law/Forum. 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. ...

On the Road Again: DE Supreme Court Comments on “A Veritable Potpourri of Exceptions to the ‘Going & Coming’ Rule”

First, hats off to Mike Sensor for bringing this case to my attention. Second, props to defense attorney Maria Newill, scoring another victory for the employer. Our flavor of the day, as far as case law is concerned, is a recent release from the DE Supreme Court on an issue for which there was enough...

Vocational Expert Failed to Explain Why Sit-Stand Station Could Not Accommodate Applicant: Cal. Comp. Cases April Advanced Postings (4/10/2013)

Here’s the third batch of advanced postings for the April 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. Janie Seymour-Jackson, Petitioner...

Dust in the Wind…… and a Denial of Benefits in This Delaware Mesothelioma Case

Well Gary Baker has gone and done it...... and it is so like my savvy and skilled friend to go where no man has gone before. Took the "last injurious exposure rule" and flipped it on its head. When he told me about today's case, James Moore v. Expert Management (fka/AstraZeneca) , IAB#...

Workers' Comp Fraud Blotter (4/11/2013) – Bad Week For Disabled Ohio Truck Drivers Who Thought They Could Keep On Trucking

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud...

Larson’s Spotlight on Recent Cases: Going and Coming Rule as Tool, Not a Substantive Doctrine

Larson's Spotlight on Going and Coming, Suicide, Causation, and Disqualification for Benefits. 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. ...

Make Mine A Chimichanga: DE Supreme Court Issues Long-Awaited Ruling On UR Appeal Deadline

You have heard of Doctors without Borders? Church without Walls? MRI without gadolinium? Well now we have Utilization Review appeal without deadlines. We have all been anxiously waiting on the DE Supreme Court to rule on the issue of the 45 day UR appeal deadline and whether or not that 5 year...

Duty to Develop Record When Inadequate Medical History Regarding Applicant’s Marijuana Use: Cal. Comp. Cases April Advanced Postings (4/16/2013)

Here’s the fourth batch of advanced postings for the April 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. Testequity, LLC, Hartford Insurance...

Vermont Workers' Compensation Update: January to March 2013

Note to Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. DEPARTMENT OF LABOR HEARING DECISIONS LeClaire v. Ford of Brattleboro Inc. , Opinion No. 1-13WC [ Opinion No. 1-13WC ] (Jan. 3, 2013). Defendant's attempt to terminate TTD benefits...

Suzanne Emmet Named President Of Kids’ Chance Of America – Eastern Insurance Holdings Senior Vice President to Serve Two-Year Term

Suzanne Emmet, CPCU, CCEP, ARe, Senior Vice President of Claims and Corporate Compliance at Eastern Insurance Holdings, Inc. (Eastern) in Lancaster, was recently named president of Kids' Chance of America (KCA) . The mission of KCA is to create, assist and support all Kids' Chance organizations...

Kids' Chance of California Fact Sheet

Kids' Chance of California is a non-profit charitable organization whose mission is to provide need-based educational scholarships to the children of California workers who have been fatally or seriously injured on the job. Why Kids' Chance? In 2010 there were over 464,000 workplace injuries...

Workers' Comp Fraud Blotter (4/18/2013) – Former New York Giants Linebacker Indicted By Federal Grand Jury For $1.5 Million Insurance Fraud Scheme

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud...

Larson’s Spotlight on Recent Cases: Idiopathic Fall From Standing Position to Brick Floor Not Compensable

Larson's Spotlight on Idiopathic Fall, Late Filing, Filing of Claim, and Job Search. 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. LexisNexis...

Doctor In the House: DE Superior Court Calls For Use Of Video-Depositions In IAB Hearings

Today's post comes to me by way of claimant attorney Dave Boswell. Dave thought it was particularly blog-worthy and I wholeheartedly agree........ talk about the potential to create a whole new world in the arena of medical depositions and IAB expert testimony. The case is Ryan Tibbitts v....

Larson Spotlight on Recent Cases: Street-Risk Doctrine Applied to Verizon Worker Assaulted by Random Stranger

Larson's Spotlight on Street Risk Doctrine, Post-Traumatic Stress Disorder, Slip and Fall, and Amputation. 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...

LexisNexis® Workers Compensation Law Community Podcast: Lex Larson on Matthew Bender's 125th Anniversary

On this edition, Lex Larson, president of Employment Law Research Incorporated and the author of five Matthew Bender treatises helps commemorate the 125th anniversary of Matthew Bender by discussing his experiences writing the treatises over the years. Copyright© 2012 LexisNexis, a division of Reed...