Workers' Compensation

Recent Posts

New Study on Why Workers Settle Their Workers’ Comp Claims
Posted on 25 Feb 2013 by Robin E. Kobayashi

By Robin E. Kobayashi, J.D., LexisNexis Legal & Professional Operations, and Thomas P. Kieselbach, Esq., Cousineau McGuire Chartered, Minneapolis, MN The Minnesota Department of Labor & Industry’s (DLI) newly released survey on “... Read More

Tags: future medical payments , condition worsening , fast track , vocational rehabilitation , Minnesota , medical condition , attorney fees , pre-injury wage , expectations , Dispute Resolution , hearings , Settlement

Vermont Workers' Compensation Update: April to June 2014
Posted on 3 Jul 2014 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. DEPARTMENT DECISIONS Brodeur v Energizer Battery Manufacturing, Inc. , Opinion No. 6-14 (Apr. 2, 2014). Treating... Read More

Tags: Arbitration , reasonable , summary judgment , attorney fees , Vermont workers compensation

WCAB Bars Applicant’s Psychiatric Injury Caused by Disciplinary Action: Cal. Comp. Cases January Advanced Postings (1/13/2016)
Posted on 15 Jan 2016 by California Compensation Cases Staff

Here’s another batch of advanced postings for the January 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights... Read More

Tags: disciplinary action , removal , good faith personnel actions , attorney fees , California workers compensation , medical provider network , Police Officer , psychiatric injury

Vermont Workers’ Compensation Update: January to March 2015
Posted on 1 Apr 2015 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Mercier of Williamstown, VT, has joined the staff at the Department as a Workers’ Compensation Specialist... Read More

Tags: estoppel , medical treatment , statute of limitations , equitable , attorney fees , Vermont workers compensation , causation , rating , medical opinion , impairment

VERMONT TOP CASES, powered by McCormick, Fitzpatrick, Kasper & Buchard, PC (updated 7/11/2016)
Posted on 5 Feb 2013 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Argentina Kearney has joined the Department of Labor staff as a Workers’ Compensation Specialist II starting... Read More

Tags: intervening cause , top cases , Vermont Top Cases , Return to Work , attorney fees , full faith and credit , Vermont , Vermont workers compensation , credibility , spinal cord stimulator , Keith Kasper

California Panel QME Process: Is It Time to Admit We Are Dealing With a Monster?
Posted on 17 May 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

A serious question needs to be asked about whether requiring the use of one Qualified Medical Evaluator (QME) in a workers’ compensation case, as opposed to the use of “battling QME’s”, has reduced litigation or has actually served... Read More

Tags: sanctions , panel qualified medical evaluator , medical expert , California , attorney fees , Ramirez v. Parking Concepts , advocacy letter , California workers compensation , ex parte communication , Qualified Medical Evaluator , QME , PQME

Florida: Supreme Court Strikes Down Mandatory Attorney Fee Schedule for Claimants
Posted on 29 Apr 2016 by Larson's Spotlight

The Supreme Court of Florida, in a split decision, held that the mandatory attorney fee schedule contained in § 440.34, Fla. Stat., which precludes any consideration of whether the fee award is reasonable to compensate the attorney, is unconstitutional... Read More

Tags: due process , reasonable , attorney fees , Florida workers compensation , fee schedules

Vermont Workers' Compensation Update: October to December 2015
Posted on 8 Jan 2016 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Charanko long term WC Specialist II has retired, but she is not going far as she is going to continue her work... Read More

Tags: aggravation of injury , Vermont Top Cases , statute of limitations , work restrictions , part time , attorney fees , Vermont workers compensation , credibility , Settlement

New Hampshire: Appeals Board Must Consider Future Medical Benefits in Conjunction With Employee’s Attorney Fee Request
Posted on 8 Jul 2016 by Larson's Spotlight

Acknowledging that contingent fee arrangements in workers’ compensation cases were not per se unreasonable, the Supreme Court of New Hampshire held it was error for the state’s Compensation Appeals Board (CAB) to follow what amounted to a... Read More

Tags: quadriplegic , New Hampshire workers compensation , attorney fees , contingent fee , future benefits , Medical Benefits

Judge Strikes Down Alabama Workers’ Compensation Act as Unconstitutional
Posted on 12 May 2017 by LexisNexis Workers' Comp Law Newsroom Staff

An Alabama Circuit Court Judge found unconstitutional two separate provisions of the Alabama Workers’ Compensation Act—the $220 cap on weekly PPD benefits [Ala. Code § 25-5-68] and a 15 percent cap on attorneys’ fees [Ala. Code... Read More

Tags: unconstitutional , permanent partial disability , Constitutionality , cap , attorney fees , PPD

Settlement Not Binding When CMS Never Approved Medicare Set-Aside: Cal. Comp. Cases October Advanced Postings (9/24/2015)
Posted on 24 Sep 2015 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the October 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights... Read More

Tags: Medicare , discovery , attorney fees , California workers compensation , subpoena duces tecum , professional athletes , set-aside football , Settlement

Vermont Workers’ Compensation Update: April to June 2016
Posted on 11 Jul 2016 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Argentina Kearney has joined the Department of Labor staff as a Workers’ Compensation Specialist II starting May... Read More

Tags: videotape , vocational rehabilitation , late appointment , attorney fees , AMA Guides , Fraud , medical end , Vermont workers compensation , opiates , credibility , attorney client privilege

Larson’s Spotlight on Recent Cases: Attorney Fees and the Common Fund Doctrine
Posted on 24 Jan 2013 by Larson's Spotlight

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... Read More

Tags: common fund doctrine , attorney fees , intentional tort , exclusive remedy , venue , light duty , virtually certain

Kentucky Workers’ Compensation Board Opinions for August 2012
Posted on 5 Oct 2012 by Roland Legal PLLC

By Marcus A. Roland, Esq. The Kentucky Workers' Compensation Board rendered 52 decisions for the month of August, 2012. Summaries regarding opinions of note are set forth below. Bush v. Jack Cooper Transport, et al , Claim No. 2007-7362 (August... Read More

Tags: impairment rating , Apportionment , hearing loss , attorney fees , back injury , Marcus Roland , Kentucky workers’ compensation

Vermont Workers' Compensation Update: January to March 2012
Posted on 6 Apr 2012 by Keith J. Kasper

DEPARTMENT OF LABOR DECISIONS Touchette v Vermont Slate and Roofing , Opinion No. 1-12WC, 2012 VT Wrk. Comp. LEXIS 5 (Jan. 13, 2012). In 2007, Claimant, a New York resident, suffers a work-related back injury in Vermont with a Vermont employer. In... Read More

Tags: intervening cause , Return to Work , prior medical history , attorney fees , full faith and credit , medical end result , Vermont , Vermont workers compensation , credibility , spinal cord stimulator , Keith Kasper , positional risk doctrine