Workers' Compensation

Recent Posts

Nebraska: Massive Stroke Unrelated to Injury Does Not Change Claimant’s PTD Status
Posted on 28 Nov 2018 by Thomas A. Robinson

That a permanently disabled claimant subsequently suffered a massive stroke that was unrelated to her workplace injury and which left her completely incapacitated and unable to care for herself did not alter the fact that she was still permanently disabled... Read More

Iowa: Psychiatrist’s Reopening Petition Based Upon Alleged “New” Mental Disorder Denied
Posted on 14 Sep 2018 by Thomas A. Robinson

An Iowa appellate court affirmed the denial of a psychiatrist’s petition to reopen his prior workers' compensation settlement agreement in which he alleged that he had developed a mental disorder as a result of his original injuries and that... Read More

Oklahoma: Injuries Sustained While Being Treated for Earlier Work-Related Claim Are Also Compensable
Posted on 14 Sep 2018 by Thomas A. Robinson

Reversing the state’s Court of Civil Appeals, the Supreme Court of Oklahoma has reinstated a decision by a three-judge panel of the Workers’ Compensation Court that earlier held a workers’ compensation claimant was entitled to additional... Read More

Maine: Res Judicata Prevents Employer from Challenging Continued Existence of Disability
Posted on 28 Jul 2017 by Thomas A. Robinson

The Supreme Judicial Court of Maine held that a 2007 determination that an injured worker had reached MMI and had sustained an injury that resulted in a permanent impairment level of 32 percent could not be subsequently challenged by the employer on the... Read More

California: Appellate Court Broadly Interprets Labor Code Section 5803
Posted on 22 Jul 2014 by Richard M. Jacobsmeyer

In a brief and to the point decision, the 2nd Appellate District has reversed a W.C.A.B. decision that had rescinded an award of increased benefits based upon a Petition to Reopen. The case, Benavides v W.C.A.B ., is one of the briefest opinions on a... Read More

Mississippi: Change in Condition Petition Denied Following Mediated Settlement
Posted on 4 May 2018 by Thomas A. Robinson

The burden of proof for showing a change in condition is on the party asserting the change. Accordingly, where it was undisputed that an employee sustained injuries in a work-related accident, but both the extent of her disability and the issue of resulting... Read More

Ch-Ch-Ch-Changes….. But Not on a Delaware Term Petition
Posted on 8 Jan 2013 by Cassandra Roberts

Vaudie Puckett. Now there's a name for you. And today we hear from defense attorney Joe Klusman alerting us that the DE Supreme Court has ruled. And with a name like Vaudie Puckett, it's no wonder things did not go his way. But turning to the... 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

Ch-Ch-Ch-Changes….. But Not on a Delaware Term Petition
Posted on 8 Jan 2013 by Cassandra Roberts

Vaudie Puckett. Now there's a name for you. And today we hear from defense attorney Joe Klusman alerting us that the DE Supreme Court has ruled. And with a name like Vaudie Puckett, it's no wonder things did not go his way. But turning to the... 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