I love it when people read my mind. I also love it when I have a guest blogger. So today’s post is a happy constellation of circumstance, thanks to Kim Harrison of Marshall, Dennehy. Kim contacted me yesterday on the very case that was slated for... Read More
I reported on one of the pre-trial motions in this case in my post of 2/28/12 titled " Body of Evidence ". Interesting case about where an autopsy was performed on the down low in a case involving a catastrophic and posthumous claim for permanent... Read More
There has been some ongoing litigation, not yet in front of the Board for a merits hearing, on the issue of whether, if someone's death is instantaneous or almost such, they can recover for permanent impairment. I am attaching for your reading pleasure... Read More
By Robert G. Rassp, Esq. Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Call me weird, obsessed, bored, or deeply disturbed but recently while I was on my almost daily four-mile hike in... Read More
By Stuart D. Colburn and Albert Betts, Jr. Cotton, cattle and oil were the primary economic engines when Texas first adopted workers’ compensation. In the 100+ years since, the economy and workers’ compensation laws have changed dramatically... Read More
The State of Vermont, as employer, did not waive the affirmative defense of statute of limitations when it agreed to claimant’s Fall 2010 request for an impairment rating related to his January 1996 work-related injury. While a lower court did err... Read More
Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. The 2013 Edition of New York Workers’ Compensation Handbook is now available. The following article is excerpted from the Handbook: ... Read More
Larson's Spotlight on Psychic Injury, Diversity Jurisdiction, Permanent Impairment, and Tort Action. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More
In a sharply divided decision, a Pennsylvania appellate court held that the statutory provision in § 306(a.2) of the state’s Workers’ Compensation Act that requires physicians to utilize “the most recent” edition of the AMA’s... Read More
Most people involved with California’s workers’ compensation system would say that over the past twenty years, the process has become increasingly litigious. There can be little question that the issues have become increasingly technical.... Read More
So, of course, as I have one foot out the door to head to the beach, the IAB ruling I have been tracking hits my desk. Did you know that prior to this decision, there were three inconsistent IAB decisions assigning three different values to a pelvis?... Read More
This comes to us by way of Susan Ament of Morris James. Not like Susan to toot her own horn and in fact, this was sent to me by her paralegal. And when you are married to my brother, you get what I like to call “blog preference.” But I have... Read More
Where an Iowa employee worked concurrently for employer A (“A”) and employer B (“B”), sustained compensable permanent injuries while working for A, received a permanent impairment award from A and, after ceasing employment with... Read More
I recently put a call out for case law guidance on certain of the more obscure permanency values. One of them was the vascular system. And lo and behold, right on top of things was Walt Schmittinger with John Lowman v. Connectiv Power Delivery , IAB#1188166... Read More
Folks, this is what many of you have been waiting for. The latest word from the Supremes on whether describing the nature of injury on an Agreement as to Compensation tendered by the Employer to include the word “resolved” precludes a future... Read More