Better Late Than Never? Not in this DE Superior Court Appeal Upholding the Statute of Limitations

All hail John Morgan and Anthony Delcollo of Heckler & Frabizzio. They won at the Board and they won on appeal. Murphy v. Allen Family Foods , 12A-02-007, (Del. Super.) J. Brady, 1/23/2013 . The issue is, where a claimant files a DCD Petition, withdraws it without prejudice, and then re-files it...

Better Late Than Never? Not in this DE Superior Court Appeal Upholding the Statute of Limitations

All hail John Morgan and Anthony Delcollo of Heckler & Frabizzio. They won at the Board and they won on appeal. Murphy v. Allen Family Foods , 12A-02-007, (Del. Super.) J. Brady, 1/23/2013 . The issue is, where a claimant files a DCD Petition, withdraws it without prejudice, and then re-files it...

Larson’s Spotlight on Recent Cases: Larson’s Dual Persona Doctrine Recognized by South Carolina Supreme Court

Larson's Spotlight on Dual Persona, Wages in Lieu of Compensation Benefits, Violation of OSHA Standards, and Personal Deviation. 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...

Lien Claim Not Time Barred When Defendant Acknowledged Notice of Lien: Cal. Comp. Cases March Advanced Postings (3/19/2013)

Here’s the fourth batch of advanced postings for the March 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. County of San Bernardino, Petitioner...

Arkansas: Former Employee’s Attempt to Cure Untimely Filing of Claim With Separate Filing of Civil Action Was Unsuccessful

In a split decision, the Supreme Court of Arkansas recently issued a writ of prohibition in a civil action filed by a former employee against his former employer for damages associated with his bladder cancer that he contended arose from exposure to harmful elements within the workplace. The employee...

Daddy’s Girl, Part 2: DE Superior Court Affirms IAB ruling on Statute of Limitations

This post is a follow up to mine of 7/31/12— Not Just Another Dady’s Girl…. And a New Development on the Statute of Limitations in DE. I was happy to hear from claimant attorney Mike Sensor a few days ago, alerting me to the appellate status of “Daddy’s Girl.” You...

Stipulation to Reserve Jurisdiction Upheld: Cal. Comp. Cases December Advanced Postings (11/26/2013)

Here’s the second batch of advanced postings for the December 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. Verizon Communications, American...

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...

Delaware’s Lazarus Phenomenon: Expired Statute of Limitations Can Be Revived by Inadvertent Payment of Medical Bills

Today we are fortunate to have a guest blogger—the erudite and ever-popular Mike Sensor. This weekend brought the third birthday of his daughter, Ketevan Sophia, and a new development in an old case. For the background on this statute of limitations issue, see my posts of 7/31/12 ( Not Just Another...

Mississippi: Statute of Limitations Tolled While Injured Worker Was Paid Wages to Watch TV in Safety Trailer

Where, following his injury, an employee was paid his regular wages, but mostly sat around in the employer’s safety trailer watching television, the wages were “in lieu of compensation” and the employee’s petition for benefits was not barred by the statute of limitations. Relying...

California Workers' Comp Case Roundup (2/9/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 1 January 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

Cocaine Use, Not Needle Stick, More Likely Cause of Hepatitis C: Cal. Comp. Cases February Advanced Postings (2/20/2014)

Here’s the fourth batch of advanced postings for the February 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. Jose Morfin, Petitioner v. Workers'...

Leaving On a Jet Plane: DE Superior Court Allows 5 Year SOL For Claims Initially Recognized Elsewhere

Today’s case is World Airways, Inc. v. Michael Golson , CA No. K12A-09-004 WLW (Del. Super. Ct. Feb.5, 2014) . When it first hit my desk last week, I was struck by what appeared to be a series of details not easily digestible into fodder for my blog. Stated differently, I had a bit of trouble following...

California Workers' Comp Case Roundup (5/4/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 4 April 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

No Entitlement to Replacement QME When QME Allegedly Failed to Issue Timely Supplemental Report: Cal. Comp. Cases May Advanced Postings (5/13/2014)

Here’s the fourth batch of advanced postings for the May 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. Illinois Midwest Insurance Agency,...

The Carrot Cake Post.....and a Delicious Outcome on a Firefighter Hearing Loss Claim in Delaware

How do you solve a problem like Maria? Not only is that one of my favorite songs from The Sound of Music, but that also has to be resounding through the claimant bar in the wake of today’s case, Thomas Kapa v. City of Wilmington , IAB#1406213 (7/18/14). Major props to defense lawyer Maria Paris...

Tennessee: Sheriff Secretary’s PTSD Claim Related to Violent Threats Barred as Untimely

A county sheriff’s personal secretary who, according to third-party witness accounts, was told by the sheriff during a heated exchange that her “ass is fired,” and that he would “shave her dog, sugar her gas tank and burn her house down” may not recover workers’ compensation...