Workers' Compensation

Recent Posts

Missouri: Storm Chasing Chief Awarded Benefits for Slipping at His Home
Posted on 30 Mar 2012 by Martin Klug

On a dark and stormy Sunday night, a police chief fell on his driveway while getting into his truck to drive into town and check for storms. His job duties involved storm spotting by finding the highest ground to see if he could spot a tornado or any... Read More

Colorado: Injured Worker’s Unsuccessful Effort to Pierce Corporate Veil Does Not Justify Award of Attorney Fees in Favor of Corporate Officer
Posted on 25 Jul 2014 by Larson's Spotlight

A Colorado trial court’s decision to tax an injured worker with attorney fees under Colo. Rev. Stat. § 13-17-201 was erroneous, held a state appellate court, where the intent of the injured worker was to recover unpaid workers’ compensation... Read More

Innovations in Workers’ Compensation Regulation From the IAIABC Conference, 2016
Posted on 17 Oct 2016 by Robin E. Kobayashi

By Elizabeth Connellan Smith, Counsel, Verrill Dana LLP, Portland, ME Innovation isn’t always the first word associated with the regulation of workers’ compensation, but innovation was in the forefront of the Commissioners and Associate... Read More

Alaska: Employer Hit For Attorney’s Fees When IME Request Delays Surgery
Posted on 7 Dec 2016 by Thomas A. Robinson

The Alaska Workers’ Compensation Board appropriately awarded an injured worker attorney’s fees pursuant to Alaska Stat. § 23.30.145(b), where a school bus driver underwent two spinal surgeries following a work-related accident and, about... Read More

Not Just Another Daddy’s Girl….And a New Development on the Statute of Limitations in Delaware
Posted on 31 Jul 2012 by Cassandra Roberts

This is really the Ketevan Sophia Sensor Post. The little charmer above is none other than Mike Sensor's daughter, Ketevan....sometimes known as "Keti Spaghetti". This child is so popular, so precocious she has her own following on Twitter... Read More

Vermont Workers' Compensation Update: October to December 2014
Posted on 7 Jan 2015 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. The long awaited proposed re-write of the VT WC Rules has been unveiled and will be ready for public comment soon. ... Read More

Can’t Buy Me Love: Appellate Attorney’s Fee Claim Whittled Down by Delaware Court
Posted on 25 Jul 2012 by Cassandra Roberts

It's amazing what money can buy in the First State. It can purchase one heck of a lot of advocacy in an appeals brief, without a doubt. But that's not quite what today's case is about. The Superior Court decision du jour is Robert Bruce v... Read More

Defendant Gets to Select Interpreters for Depositions It Notices: Cal. Comp. Cases August Advanced Postings (8/9/2014)
Posted on 9 Aug 2014 by California Compensation Cases Staff

Here’s the second batch of advanced postings for August 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... Read More

California: A New Year With New Rules and New Responsibilities
Posted on 8 Feb 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

The Workers’ Compensation Appeals Board (WCAB) has rung in the New Year with new rules, new regulations and new responsibilities for all participants in the workers’ compensation community. It is important to be cognizant of all the changes... Read More

Larson’s Spotlight on Recent Cases: Clash of Medical Opinions Over Surgery to Correct Injured Worker’s Enlarged Breast Condition
Posted on 30 Mar 2012 by Larson's Spotlight

Larson's Spotlight on Conflict of Medical Opinions, Future Medical Payments, Employer's Safety Rules, and Lump-Sum Settlement. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer... Read More

Vermont Workers' Compensation Update: October to December 2013
Posted on 6 Jan 2014 by Keith J. Kasper

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... Read More

North Carolina: Attorney’s Fees in 3rd Party Actions Limited to One-Third of Injured Employee’s Recovery
Posted on 8 Aug 2013 by Larson's Spotlight

While the North Carolina Industrial Commission does not have jurisdiction to determine the reasonableness of attorney’s fees in third-party negligence cases involving the rights of an injured worker vis-à-vis the subrogation interests of... Read More

Louisiana: Medicare Set Aside Account “Seed Money” Cannot Be Used to Pay Attorney Fees
Posted on 28 Mar 2014 by Larson's Spotlight

A Louisiana appellate court held that under the “clear, unambiguous, and plainly stated” provisions of the parties’ Medicare Set-Aside Agreement, the funds in the account could only be used to pay for medical services related to the... Read More

Georgia: Discharged Attorney Due $17,180 on Quantum Meruit Basis
Posted on 1 Feb 2018 by Thomas A. Robinson

Where Georgia’s State Board of Workers’ Compensation determined that a fee contract with an injured worker’s former counsel was unenforceable—the attorney was discharged before the final resolution of the case—it was nevertheless... Read More

Hawaii: Board Must Provide Rational Basis for Reduction in Requested Hourly Rate For Employee’s Attorney
Posted on 9 Sep 2016 by Thomas A. Robinson

An appellate court in Hawaii reversed a decision by the state’s Labor and Industrial Relations Appeals Board (LIRAB) that allowed the employee’s attorney a fee computed at an hourly rate of $165 per hour, instead of the requested $210 per... Read More