Workers' Compensation

Recent Posts

Trusty Ruddy Does It Again—and a Thanksgiving Salute to Partial Disability in Delaware
Posted on 15 Nov 2011 by Cassandra Roberts

You have to love Kris Starr. A former Hearing Officer for the Delaware IAB, Kris set his sights on private practice a few years ago, and with him he brought an encyclopedic understanding of the basics of the work comp law, as well as the intricacies that... Read More

Tennessee: Injured Worker’s Testimony Sufficient to Establish Total Disability in Spite of Light Work Capabilities
Posted on 2 Feb 2017 by Thomas A. Robinson

In an unpublished opinion, the special appeals panel of the Tennessee Supreme Court has affirmed a finding that an injured employee was entitled to permanent and total disability benefits in spite of the fact that a functional capacity evaluation (FCE... Read More

Missouri: Groin Injury Changes Man’s Life
Posted on 27 Jul 2013 by Martin Klug

An owner of an excavation business slipped in January 1999, did the splits, and had a groin injury that changed his life. Turner v Turner Excavating , 2013 MOWCLR Lexis 118 (lexis.com), 2013 MOWCLR Lexis 118 (Lexis Advance) (July 10, 2013). He had been... Read More

Missouri: Auto Accident Renders Traveling Nurse Totally Disabled
Posted on 4 Mar 2014 by Martin Klug

In a case with more than a ½ million in unpaid benefits, the issue boiled down to a simple dispute of where the injured worker was going in her car. Claimant contends she was going back to the office to send an urgent fax about a hospice patient... Read More

Missouri: Employer Penalized for Lapses in Prescription Payments
Posted on 16 Mar 2012 by Martin Klug

The employer’s failure to provide medical treatment for several months did not waive its right to designate a medical provider, according to the Commission, which rejected an argument that 287.140 allowed prospective waiver to designate medical... Read More

Change Is Constant....Well, Not So Much in this Delaware Termination Case
Posted on 1 Jun 2012 by Cassandra Roberts

Lately, I have been happy to hear from several of you, making my job easy highlighting cases right and left and providing me with insightful commentary. The latest in this stream of personal good fortune is Clayton Bunting....one of my dear ones from... Read More

A Little “Unhandsome Dealing” in Delaware: Superior Court Reverses IAB Award Based on Discovery Issue
Posted on 6 Mar 2012 by Cassandra Roberts

First of all, here is a picture of my cat trying to drink out of a "to-go" cup. While this has nothing to do with anything relating to today's post, I am proud of Nutella Grace and rightfully so. She is one clever kitty .............. ... Read More

MO: “She’s a Drama Queen” Defense Fails In PTSD Claim
Posted on 17 Aug 2010 by Martin Klug

Claimant alleged post-traumatic stress disorder and major depressive disorder after a semi rear-ended her car, resulting in physical-mental injuries and the need for a thoracic fusion. The Commission affirmed an award of permanent and total disability... Read More

Total Disability Before Job Injury Precludes Fund Recovery
Posted on 18 Mar 2011 by Martin Klug

A claimant’s lack of candor about a prior medical condition while obtaining a new job may help to prove a prior disability. In Cook v Buckley Powder Company , DOLIR 3-17-11, the Commission found that no employer would have hired claimant in his... Read More

Change Is Constant....Well, Not So Much in this Delaware Termination Case
Posted on 1 Jun 2012 by Cassandra Roberts

Lately, I have been happy to hear from several of you, making my job easy highlighting cases right and left and providing me with insightful commentary. The latest in this stream of personal good fortune is Clayton Bunting....one of my dear ones from... Read More

Missouri: Employer Penalized for Lapses in Prescription Payments
Posted on 16 Mar 2012 by Martin Klug

The employer’s failure to provide medical treatment for several months did not waive its right to designate a medical provider, according to the Commission, which rejected an argument that 287.140 allowed prospective waiver to designate medical... Read More

Trusty Ruddy Does It Again—and a Thanksgiving Salute to Partial Disability in Delaware
Posted on 15 Nov 2011 by Cassandra Roberts

You have to love Kris Starr. A former Hearing Officer for the Delaware IAB, Kris set his sights on private practice a few years ago, and with him he brought an encyclopedic understanding of the basics of the work comp law, as well as the intricacies that... Read More

The Delaware "Pee Cup" Case: Failing a Urine Drug Screen Not Tantamount to Forfeiture under Section 2353(c)
Posted on 19 Oct 2010 by Cassandra Roberts

Good to be back. After a stint at mediation school which afforded some time to bask in the glow of colleague Mike Silverman's affable presence and sparkling wit, followed by a whirlwind college tour geared toward the objective of insuring that daughter... Read More

A Little “Unhandsome Dealing” in Delaware: Superior Court Reverses IAB Award Based on Discovery Issue
Posted on 6 Mar 2012 by Cassandra Roberts

First of all, here is a picture of my cat trying to drink out of a "to-go" cup. While this has nothing to do with anything relating to today's post, I am proud of Nutella Grace and rightfully so. She is one clever kitty .............. ... Read More

The Original Hoey Displaced Worker: Jewell Hoey Is Still Good Law Here In the First State
Posted on 11 May 2011 by Cassandra Roberts

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... Read More