LexisNexis® Legal Newsroom
A New Trend in Delaware? Tybout "Dream Team" Overcome DCD Petitions on Causation

It is a rare minority of Delaware IAB cases that yield a ruling in favor of the employer, especially on an original petition for benefits, in this jurisdiction called a Petition to Determine Compensation Due. This week I am profiling two successful outcomes for the State of Delaware. Both attorneys are...

Vermont Workers' Compensation Update: January to March 2011

Anne Noonan has been named the new Commissioner of the Department of Labor. Ms. Noonan has experience in the VT workers' compensation arena with her prior work with the VSEA. Mary Sarazin, formerly an attorney with Chip Powell's office, has taken a position with the Department as a Specialist...

MO: Chiropractor Awarded Benefits After Falling at Work

Claimant is a chiropractor physician who maintains his office as the company owner, and states on a day the office was closed he fell from a six foot ladder while changing a light and injured both shoulders. Claimant stated that he didn’t want to give a work history because he didn’t want...

Five Recent Cases You Should Know About (5/13/2011)

Larson's Spotlight on Firefighters and Cancer, Medical Causation, Fact Finder, Spider Bite, and Fraud. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below....

Two Out of Three Ain't Bad-- A Little Ditty about Course and Scope in Delaware

Last month must have been course and scope month at the IAB. Three recent releases from the IAB all discuss the issue of course and scope, specifically the "going and coming rule". I myself took a little trip down to Baltimore two nights ago to be part of a Charles Stanley book signing at Barnes...

MO: Commission Awards PTD for Depression, Reversing Findings of Temporary Award

MO: Commission Awards PTD for Depression, Reversing Findings of Temporary Award Claimant can no longer work due to depression, according to a Commission decision affirming a PTD award. Venable v St. Louis Bridge Co. , DOLIR 7-26-11. Claimant hurt his back and required a multi-level fusion. He had...

Vermont Workers' Compensation Update: March to June 2011

DEPARTMENT OF LABOR DECISIONS Carr v. Verizon New England, Inc. , Opinion No. 8-11WC (Apr. 29, 2011). On cross motions for summary judgment Claimant's death claim fails as Claimant fails to show that his trip on a scheduled vacation date was related to any specific business purpose and there...

Vermont Workers' Compensation Update: March to June 2011

DEPARTMENT OF LABOR DECISIONS Carr v. Verizon New England, Inc. , Opinion No. 8-11WC (Apr. 29, 2011). On cross motions for summary judgment Claimant's death claim fails as Claimant fails to show that his trip on a scheduled vacation date was related to any specific business purpose and there...

Vermont Workers' Compensation Update: January to March 2012

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 2009, Claimant has a new work related incident in...

A Double Dip of Permanency as Delaware Celebrates the Fourth of July

Hopefully you are all back at your desk after an extended holiday. My daughters are pictured above enjoying the Rockwood Ice Cream Festival this past weekend. And ice cream is about all one claimant can hope for after a recent ruling disallowing her any level of benefits under Section 2326 . Check out...

A Double Dip of Permanency as Delaware Celebrates the Fourth of July

Hopefully you are all back at your desk after an extended holiday. My daughters are pictured above enjoying the Rockwood Ice Cream Festival this past weekend. And ice cream is about all one claimant can hope for after a recent ruling disallowing her any level of benefits under Section 2326 . Check out...

Larson’s Spotlight on Recent Cases: Estate Administrator May Not Sue Employer Over Employment-Related Fatal Shooting

Larson's Spotlight on Exclusive Remedy, Notice of Injury, Claimant's Testimony, and Death Benefits. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

Missouri: Commission Douses ‘Pants on Fire’ Defense

Claimant “routinely exaggerated the nature and extent of his conditions and disabilities, and was less than fully truthful regarding his low back problems,” according to the administrative law judge, but the Commission reversed a denial of benefits and provided claimant PTD benefits in the...

Vermont Workers' Compensation Update: July to September 2012

DEPARTMENT OF LABOR DECISIONS Westover v North Country Hospital , Opinion No. 19-12WC (July 20, 2012). Claimant found to have CRPS, therefore not at medical end result. Defendant's IME opinions undercut in part due to lack of review of complete medical record. Furthermore, Defendant "waived...

Vermont Workers' Compensation Update: October to December 2012

VERMONT SUPREME COURT DECISIONS Estate of Dunn v. Windham Northeast Supervisory Union , 2012 VT 93 (2012) . Section 624(e) does not allow for reimbursement to the workers' compensation carrier for payment from life insurance policy "because such proceeds are not 'damages,' as contemplated...

VERMONT TOP CASES, powered by McCormick, Fitzpatrick, Kasper & Buchard, PC (updated 7/11/2016)

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 16, 2016. Ms. Kearney has most recently been...

Vermont Workers' Compensation Update: April to June 2013

VERMONT SUPREME COURT DECISIONS Brown v W.T. Martin Plumbing & Heating, Inc. , 2013 VT 38 [ 2013 VT 38 ] (Jun. 21, 2013). Court reverses decisions of both the Commissioner and de novo bench determination (Judge Wesley) in determining that CRPS impairment ratings can be awarded pursuant to the...

California: Trial Practice and Procedure Post SB 863

At the California Workers’ Compensation Defense Attorneys’ Association 2013 Winter Conference, a panel led by the Honorable Anne Horelly, defense attorney Sharon Renzi and applicant’s attorney John Reff presented practical and procedural insights for litigating a case in the post SB...

Delaware IAB Denies Surgery to Pinocchio

Today’s post comes to us from Wade Adams of Liberty Mutual. He is our guest blogger and I will leave it to him to tell the tale: "This is a case where Dr. Rudin performed a lumbar fusion on a claimant who had a negative MRI, but positive discogram on an accepted low back sprain. When Dr...

Evaluation and Weighing of Medical Opinion Evidence in Longshore Cases

By Yelena Zaslavskaya, Senior Attorney for Longshore, Office of Administrative Law Judges, U.S. Department of Labor, Washington, D.C. This paper highlights some of the considerations relevant to the determination of the probative value and relative evidentiary weight of medical opinions. [fn1] As...

Vermont Workers' Compensation Update: October to December 2015

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 at the Department as a “temp” for the...

South Carolina: Statement to Employer That Employee Was “Pretty Sore” Constituted Notice of Injury

Evidence that one day after moving tires, rims and heavy frame equipment while cleaning his employer’s shop, an auto body paint technician told the employer’s owner that he was “pretty sore” and he “must have hurt [himself],” was sufficient to constitute notice of...

Idaho: Claimant Fails to Show Accident Was Predominant Cause of Need for Psychological Care

Reiterating the rule that the state’s Industrial Commission has broad discretion in weighing medical evidence and determining the credibility of conflicting expert opinions, the Supreme Court of Idaho, in a split decision, affirmed a Commission decision that a claimant had failed to establish entitlement...

Missouri: Split Supreme Court Awards Bills on Hypertensive Event

The Missouri Supreme Court reversed a denial of benefits in a divided 4-3 opinion and found there was sufficient evidence in an expert’s written report to find medical causation, despite the fact the ALJ, the Commission, and the Court of Appeals found the specific opinion about causation to be...

Vermont Workers’ Compensation Update: April to June 2016

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 16, 2016. Ms. Kearney has most recently been employed...