LexisNexis® Legal Newsroom
One for the Books in Delaware: "Defecation Syncope"?

Okay, this one calls for a little more restraint than my usual irreverent wit....it would be just too easy to go over the top with any number of puns and wordplay. I might alienate some of my readers of the gentler sensibilities and I would be loathe to offend anyone. But in 27 years of legal practice...

The Masked Wrestler’s Lament

(Lyrics and Performance by Lex Larson) This moving ballad is inspired by an actual case: Gyarmati v. George E. Fern Co., 2002 Ohio 4323 (Ct. App. 2002) .* Set to one of the many versions of the traditional song “Red Rocking Chair,” the song documents the woes of a gentleman who is out...

CWCI Research Spotlights Fentanyl Prescribing Patterns in California Workers’ Comp

In a study published last month, the California Workers’ Compensation Institute found that the top 10% of doctors who prescribe extremely potent, highly addictive Schedule II opioids for injured workers in California account for nearly 80% of all workers’ compensation prescriptions for these...

Workers' Comp Fraud Blotter (9/15/2011) – Caterer Caught On Video Cooking and Coordinating Events While On Disability

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...

Workers' Comp Fraud Blotter (9/15/2011) – Caterer Caught On Video Cooking and Coordinating Events While On Disability

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 Blotter...

Missouri: A "Working" Claimant is Not a Total (sometimes)

Claimant's capacity to return to work for 1 1/2 years after her back injury defeated her SIF claim that she was permanently and totally disabled. Her duties such as data entry, answering phones or monitoring suicidal patients were considered a ‘real job’ in the open labor market. Claimant...

Put the Knife Back in the Butcher Block, Please – Another Ditty About Surgery at the Delaware IAB

As Susan Hauske might say, defense lawyers we are on a roll. Susan was prompted to share the ruling du jour in light of my recent (9/6/12) post titled Walks on Water? , a discussion of a recent ruling in which surgery was denied, a rare occurrence here in the First State. So says Susan: "Cassandra...

Put the Knife Back in the Butcher Block, Please – Another Ditty About Surgery at the Delaware IAB

As Susan Hauske might say, defense lawyers we are on a roll. Susan was prompted to share the ruling du jour in light of my recent (9/6/12) post titled Walks on Water? , a discussion of a recent ruling in which surgery was denied, a rare occurrence here in the First State. So says Susan: "Cassandra...

Kentucky Workers’ Compensation Board Opinions for August 2012

By Marcus A. Roland, Esq. The Kentucky Workers' Compensation Board rendered 52 decisions for the month of August, 2012. Summaries regarding opinions of note are set forth below. Bush v. Jack Cooper Transport, et al , Claim No. 2007-7362 (August 9, 2012) : This is the claimant's appeal stemming...

Cody Varnes, the Sequel…..and a Whole Lotta Nothin’ at the Delaware IAB

This was sent to me by defense counsel (and fashion icon) Paula Witherow. I wanted her commentary on our cases du jour, but all I got was a copy of two decisions in the case of Cody Varnes v. Diamond State Mechanical . Paula is not one to boast, but boast she should as she won this one twice.....and...

Cody Varnes, the Sequel…..and a Whole Lotta Nothin’ at the Delaware IAB

This was sent to me by defense counsel (and fashion icon) Paula Witherow. I wanted her commentary on our cases du jour, but all I got was a copy of two decisions in the case of Cody Varnes v. Diamond State Mechanical . Paula is not one to boast, but boast she should as she won this one twice.....and...

Missouri: Award Supported by "Subjective" Symptoms

Missouri courts once again wrangle in the old grudge match between the evidentiary weight given to subjective and objective symptoms. Reformers thought they had put an end to those types of fights by indicating that " where inconsistent or conflicting medical opinions exist, objective medical findings...

Understanding Geographic Variation in the Use of Treatment Guidelines for Occupational Injuries

Greater medical consensus could reduce geographic variability A recent study published by the Journal of Occupational and Environmental Medicine suggests that there is geographic variation in the use of medical treatment guidelines that reaches beyond differences in population characteristics,...