Workers' Compensation

Recent Posts

Washington: Neither Collateral Estoppel Nor Res Judicata Bar Firefighter’s Claim for Brain Tumor
Posted on 19 Jul 2018 by Thomas A. Robinson

A long-time firefighter’s unsuccessful earlier claim that he was entitled to TTD benefits for five weeks of lost time in 2011, during which he recovered from the surgical removal of a malignant melanoma on his shoulder, did not mean that a subsequent... Read More

Tags: collateral estoppel , res judicata

Arbitrator of Contribution Proceeding Not Bound by WCJ’s Finding of Injury AOE/COE: Cal. Comp. Cases June Advanced Postings (5/30/12)
Posted on 31 May 2012 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the June 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Los Angeles... Read More

Tags: final order , Case Law Developments , concurrent employment , contribution , statute of limitations , California , liens , California workers compensation , collateral estoppel , petition for reconsideration , cumulative trauma injury

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

Tags: Cassandra Roberts , Total Disability , attorney’s fee , Delaware Detour & Frolic , directed verdict , termination of benefits , change in condition , Richard Smith v. Bayhealth Medical Center , collateral estoppel , termination , Delaware Workers’ Compensation

California Workers’ Comp Case Roundup (4/6/2015)
Posted on 6 Apr 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 3 March 2015 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE... Read More

Tags: civil rights , malpractice , special employee , Apportionment , aggravation , California workers compensation , collateral estoppel , burden of proof

California Workers' Comp Case Roundup (3/10/2017)
Posted on 10 Mar 2017 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 82 No. 2 Feb 2017 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE... Read More

Tags: intentional infliction of emotional distress , medical evaluators , California workers compensation , emotional distress , collateral estoppel , communication , exclusive remedy rule

California: Top 25 Noteworthy Panel Decisions (January-June 2015)
Posted on 24 Jun 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2015. The list features a number of split-panel decisions, including bonus... Read More

Tags: medical treatment , athlete , insolvent carrier , Apportionment , presumption , permanent disability , liens , AMA Guides , Jurisdiction , California workers compensation , collateral estoppel , causation , home health care , rating , Medical Provider Networks , Qualified Medical Evaluators , utilization review , sexual harassment , Evidence

New York: Defendant in Civil Action Could Not Claim Collateral Estoppel Based on Board’s Earlier Decision as to Extent of Plaintiff’s Injury
Posted on 2 Jun 2016 by Larson's Spotlight

A New York trial court properly denied defendants’ motion to dismiss plaintiffs’ personal injury suit on the ground of collateral estoppel, where the issue of whether the injured plaintiff sustained an acquired traumatic brain injury due to... Read More

Tags: acquired traumatic brain injury , New York workers compensation , headaches , serious injury , collateral estoppel

Wyoming: Jury Determination That Driver Was Within Course of Employment Not Binding on Administrative Hearings Office
Posted on 4 Apr 2014 by Larson's Spotlight

Quoting Larson’s Workers’ Compensation Law and observing that the test of liability in the workers' compensation setting is not the relation of an individual's fault or negligence to an event, as it is within the tort arena, but rather... Read More

Tags: wyoming workers compensation , motor vehicle accident , course of employment , collateral estoppel

The Song of Solomon Post....and Another Two of Your Delaware "Motion Day" Questions Answered!
Posted on 13 Sep 2011 by Cassandra Roberts

First, a shout out to my dear husband Tom. Today is our eighth wedding anniversary. And yes, you could say it is indeed better "the second time around." To borrow from my wedding invitation: "Many waters cannot quench love; rivers cannot... Read More

Tags: Cassandra Roberts , Simpson v Delaware , Delaware workers compensation , Return to Work , Delaware Detour & Frolic , Delaware , collateral estoppel , offer and acceptance , res judicata , Garner Millman v Lifestar

Can a Social Security Disability Award Be Admissible in a Workers’ Compensation Case?
Posted on 17 Jun 2013 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. © Copyright 2013 LexisNexis. All rights reserved. Excerpts of this article will appear in a future edition of Rassp & Herlick, California Workers' Compensation Law . Attention Lexis Online Subscribers... Read More

Tags: Social Security Commissioner , supplemental security income , California workers compensation , collateral estoppel , substantial gainful activity , social security administration , social security disability , dependency , Diminished Future Earning Capacity

Prima Facie Displacement in Delaware Does Not Bar Subsequent Petition for Review
Posted on 12 Aug 2015 by Cassandra Roberts

I know the last post we had a bit of fun with the claimant’s name….Phil. A. Minion. Not to be confused with filet mignon. And on the heels of that little bit of mirth comes an offering from Chris McGarry of Elzufon, Austin, Tarlov & Mondell... Read More

Tags: Delaware workers compensation , re judicata , Displacement , petition for review , collateral estoppel , prima facie , Delaware Detour and Frolic

WCAB Not Swept Away by Injured Worker’s Argument for Housekeeping Services: Cal. Comp. Cases August Advanced Postings (8/1/2012)
Posted on 1 Aug 2012 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the August 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summary. © Copyright 2012 LexisNexis. All rights reserved. Sharon... Read More

Tags: lien claim , sudden and extraordinary , Case Law Developments , Psychiatric Injuries , California workers compensation , collateral estoppel , housekeeping services

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

Tags: Cassandra Roberts , Total Disability , attorney’s fee , Delaware Detour & Frolic , directed verdict , termination of benefits , change in condition , Richard Smith v. Bayhealth Medical Center , collateral estoppel , termination , Delaware Workers’ Compensation

Delaware UR Appellate Round-Up: Do We See a Trend Here?
Posted on 24 Sep 2010 by Cassandra Roberts

Okay, I am thinking that UR rulings of non-certification have about as much sticking power as a defective Post-It note. These have been busy weeks for your humble blogger and I owe y'all an update on something. Well, UR is the subject du jour and... Read More

Tags: Cassandra Roberts , insurance carrier , Delaware Industrial Accident Board , non-certification , collateral estoppel , utilization review , Delaware Detour and Frolic

Cal. Comp. Cases October Advanced Postings (10/6/2010)
Posted on 6 Oct 2010 by California Compensation Cases Staff

Here's the second batch of advanced postings for the October 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the full headnotes and summaries for these cases. Granite State Insurance Company, administered by Chartis Claim,... Read More

Tags: dual employment , California Workers’ Compensation Appeals Board , fictitious business name permit , permanent disability , medical treatment clinic , industrial injury , collateral estoppel , substantial evidence , Guzman v. Milpitas , temporary total disability