Texas Appeals Panel Decision No. 100201 – Disability

By Stuart D. Colburn, Shareholder, Downs Stanford The Hearing Officer did not find disability immediately following the injury. The injured worker was taken by ambulance to the emergency room and received narcotic medications. The emergency room referred her to an orthopedic but at the same time...

California: The Reasonable Accommodation Process Done Right

In the recent (unpublished) decision by the California Court of Appeal, Moore v. California Surety , 2011 Cal. App. Unpub. LEXIS 117 (Cal. App. 4th Dist. Jan. 7, 2011) , the Court held that the employer’s handling of the interactive process and attempts to provide reasonable accommodation to an...

I Get By With a Little Help from My Friends: Virginia Guidelines for "Reasonable Job Search" a Good Model for Delaware?

As Sarah Palin might say, "You betcha!" Okay so I gave away that I am a Republican. But in reply to my last post of February 4, 2011 (fondly known as "the birthday post"), I have the privilege of being joined by a guest blogger today.....and one who came bearing gifts in the form...

The Original Hoey Displaced Worker: Jewell Hoey Is Still Good Law Here In the First State

Okay, Sean Gambogi of the Kimmel, Carter, Roman & Peltz (did I leave anyone out?) firm, this one's for you. This year marks the 20th anniversary of the case of Jewell Hoey v. Chrysler and for those of you who think of me as a defense attorney.....I represented Jewell Hoey and created the Hoey...

More about That "Hoey Displaced Worker" in Delaware: IAB Comments on What It Is and What It's Not

This should be titled the "quick post". Minimal frills, minimal banter, no photos...... Today Jodi Cianci of the defense firm Chrissinger & Baumberger sent me the attached case. Termination of total disability granted in favor of the employer and a ruling that the claimant was not a "Hoey...

Reversal of Fortune: Delaware Supreme Court Delivers Blow to the Use of Labor Market Surveys

At the risk of being accused of overstating the situation, all I can say is it's the end of an era. I am reminded of Second Corinthians 5:17: "The old has passed away; behold, the new has come." I think this is a Second Corinthians moment, folks. Behold the new - a case released by...

Reversal of Fortune: Delaware Supreme Court Delivers Blow to the Use of Labor Market Surveys

At the risk of being accused of overstating the situation, all I can say is it's the end of an era. I am reminded of Second Corinthians 5:17: "The old has passed away; behold, the new has come." I think this is a Second Corinthians moment, folks. Behold the new - a case released by...

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...

Elementary, My Dear Watson: First IAB Decisions to Rule on Application of DE Supreme Court’s Watson v. Wal-Mart

In my post of 10/25/11, titled "Reversal of Fortune" , I announced the Delaware Supreme Court decision in Watson v. Wal-Mart , and expressed a number of concerns, along with some commentary from fellow members of the work comp bar, as to whether this holding would herald the demise of the labor...

Elementary, My Dear Watson: First IAB Decisions to Rule on Application of DE Supreme Court’s Watson v. Wal-Mart

In my post of 10/25/11, titled "Reversal of Fortune" , I announced the Delaware Supreme Court decision in Watson v. Wal-Mart , and expressed a number of concerns, along with some commentary from fellow members of the work comp bar, as to whether this holding would herald the demise of the labor...

Larson’s Spotlight on Recent Cases: Injured Worker Entitled to Additional TTD Benefits Despite Derogatory Conduct

Larson's Spotlight on Temporary Total Disability Benefits, Going and Coming Rule, LHWCA Benefits, and Exclusive Remedy Rule. 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...

Barely Employable? A Tepid FCE Carries the Day in Delaware Termination Case

This week I heard from Ray Radulski, counsel for Liberty Mutual. He was proud of himself, and rightfully so. I give you Dean Baslenkoff-Elder v. EZ Loan, Inc. , IAB# 1375757 (5/9/12). Here is what Ray had to say: "I know that this decision is not the kind that blazes a new trail of case law...

Barely Employable? A Tepid FCE Carries the Day in Delaware Termination Case

This week I heard from Ray Radulski, counsel for Liberty Mutual. He was proud of himself, and rightfully so. I give you Dean Baslenkoff-Elder v. EZ Loan, Inc. , IAB# 1375757 (5/9/12). Here is what Ray had to say: "I know that this decision is not the kind that blazes a new trail of case law...

Missouri: Court Declines to Lower Burden to Prove Wrongful Discrimination Claims

Claimant asserts his boss fired him because he had a worker’s compensation case, but he failed to convince a jury of that claim. He had a disagreement with his employer whether he should take a break to rest and elevate his foot before completing an urgent job assignment. The case is Templemire...

Larson’s Spotlight on Recent Cases: Attorney Fees and the Common Fund Doctrine

Larson's Spotlight on Attorney Fees, Venue, Intentional Tort, and Refusal of Light Duty. 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. NE...

Larson’s Spotlight on Recent Cases: Attorney Fees and the Common Fund Doctrine

Larson's Spotlight on Attorney Fees, Venue, Intentional Tort, and Refusal of Light Duty. 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. NE: Worker's...

Federal: Evidence Letter Carrier Competed in Triathlons While on “Light Duty” Supported Conviction of Workers’ Comp Fraud

In a decision designated as unpublished, the Eleventh Circuit Court of Appeals recently affirmed a federal district court’s denial of a defendant’s motion for a judgment of acquittal under Fed. R. Crim. P. 29, finding that two of the defendant’s convictions for workers' compensation...

Virginia: Light-Duty Employee Entitled to Disability Benefits During Furlough Periods

Where a construction worker returned to light duty after a work-related accident but due to “the vagaries of the construction industry,” his employer furloughed virtually all its employees for undefined periods of time, with the expectation that the employees would be hired anew once additional...

Ohio: Employee Barred From Additional Benefits When She Walks Away from Light-Duty Position

The Supreme Court of Ohio affirmed a decision by the state’s Court of Appeals that held that an injured employee was disqualified from receiving additional temporary total disability benefits because she had abandoned her employment where, following her injury, the employee began working in a light...

Illinois: Grandmother’s Light Duties Around Family Flower Shop Did Not Mean She Had Ability to Return to Work

Claimant's presence at a flower shop she co-owned with her daughters did not constitute a "return to work" or absolve her employer of its liability to pay TTD benefits for relevant periods of time held an Illinois appellate court. Evidence that claimant, a licensed practical nurse at the...