Workers' Compensation

Recent Posts

New York: Board's Abandonment of Labor Market Decision Affirmed in Spite of Medical Evidence of Disability
Posted on 26 Oct 2020 by Thomas A. Robinson

Stressing that the issue of abandonment of the labor market is an issue for the Board, a New York appellate court affirmed the denial of disability benefits to a worker who sustained a clearly compensable injury--she was struck by falling scaffolding... Read More

Five Recent Workers’ Comp Cases You Should Know About (9/23/2011) – Robberies Were Normal Condition of Work, So Mental Injury Claim Not Allowed
Posted on 23 Sep 2011 by Larson's Spotlight

Larson's Spotlight on Mental Injury, Jurisdiction, Disqualification for Benefits, Evidence of Disability, and Pain Impairment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

The Masked Wrestler’s Lament
Posted on 25 Apr 2011 by Lex Larson

(Lyrics and Performance by Lex Larson) This moving ballad is inspired by an actual case: Gyarmati v. George E. Fern Co., 2002 Ohio 4323 (Ct. App. 2002) .* Set to one of the many versions of the traditional song “Red Rocking Chair,” the... Read More

Are You Odd Enough for Me?
Posted on 16 Sep 2010 by Lex Larson

This song brings into play the “Odd Lot Doctrine,” which, as many of you already know, is a widely accepted principle of workers’ compensation law. According to this doctrine, if you are so odd that no one will give you a job, then you... Read More

Workers' Comp Fraud Blotter (12/15/2011) – Roller Coaster Mom Goes From Disneyland To Fraud Conviction
Posted on 16 Dec 2011 by LexisNexis Workers' Comp Newsroom Fraud Team

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and... Read More

Texas: Performance Based Oversight (12/23/11 Update)
Posted on 24 Dec 2011 by Stuart D. Colburn

Beginning January 1, 2012, the Division of Workers’ Compensation (DWC) will begin its six month collection of data to assess insurance carriers for Performance Based Oversight (PBO). The PBO period will last until June 30, 2011. The PBO measures... Read More

Morbidity, Disability, Cost, Pain & Distress: Exposing the True Burden of Workers’ Compensation
Posted on 30 Jul 2017 by Karen C. Yotis

By Karen C. Yotis, Esq., Feature Resident Columnist, LexisNexis Workers’ Compensation eNewsletter A resolute new analytic essay about the substantial impact that the underestimation of workers’ comp risk has on national welfare and public... Read More

California Applicants' Attorneys Association Announces 2011-12 leadership team, Priorities for coming year
Posted on 16 Sep 2011 by LexisNexis Workers' Comp Law Newsroom Staff

SACRAMENTO, CA - The California Applicants’ Attorneys Association (CAAA), whose members represent Californians injured on the job, today announced that it has installed a new president and team of officers for the coming year. S. Bradley Chalk ... Read More

Defendant Penalized for Prematurely Taking Credit Against Permanent Disability: Cal. Comp. Cases March Advanced Postings (3/11/2015)
Posted on 11 Mar 2015 by California Compensation Cases Staff

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

U.S. Dept. of Labor Posts SAWW Information for 2013 COLA Calculations
Posted on 7 Jun 2012 by Richard M. Jacobsmeyer

[ Editor's Note: This blog post has been corrected .] Unfortunately when I initially looked at the Dept of Labor site for this information, the link for last year’s information took me to the 4th quarter, not the first quarter. This resulted... Read More

National Workers’ Compensation and Disability Conference November 19-21, 2014
Posted on 4 Aug 2014 by LexisNexis Workers' Comp Law Newsroom Staff

LexisNexis is once again partnering with the National Workers' Compensation and Disability Conference ® to provide top quality education and valuable insights on the industry’s hottest legal issues straight from your favorite LexisNexis... Read More

Colorado: "Disability" Need Not Always Involve Medical Incapacity
Posted on 16 Feb 2018 by Thomas A. Robinson

While the concept of “disability” within the worker’s compensation setting ordinarily requires a demonstration of both medical incapacity and loss of wage earnings, a claimant is not always required to prove both components to establish... Read More

Pennsylvania: IRE Physicians Not Limited to Impairment Issues Identified in NCP
Posted on 27 Jan 2017 by Thomas A. Robinson

In a 5–2 decision, the Supreme Court of Pennsylvania, reversing an earlier decision by the Commonwealth Court, held that a physician performing an Impairment Rating Evaluation (IRE) under § 306(a.2)(1) of the state’s Workers’ Compensation... Read More