Workers' Compensation

Recent Posts

New York: Inconsistent, Contradictory Testimony Leads to Decision Finding No Attachment to Labor Market
Posted on 8 Jun 2017 by Thomas A. Robinson

Substantial evidence supported the Workers’ Compensation Board’s finding that the claimant was not attached to the labor market because the claimant’s testimony regarding his search for employment was inconsistent, contradictory, and... Read More

2014 National Workers’ Compensation and Disability Conference
Posted on 20 Oct 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

United States: Workers’ Compensation Disability Findings Not Binding in Social Security Disability Claim
Posted on 15 Sep 2017 by Thomas A. Robinson

Observing that it is well settled law that an administrative law judge (ALJ) hearing a Social Security claim for Disability Insurance Benefits (DIB) need not give controlling weight to a treating physician's opinions concerning a claimant's “disability”... Read More

Diligent Search for Work or Just Diddling Around
Posted on 14 Oct 2011 by Paul B. Howell

By Paul B. Howell, Franke & Salloum, PLLC, Gulfport, Mississippi Most cases under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C.S. § 901 , et seq. , involve the issue of a claimant's entitlement to disability. Disability... Read More

U.S. Supreme Court to Review Longshore Average Weekly Wage Issue
Posted on 11 Nov 2011 by John Kawczynski

By John E. Kawczynski Field Womack & Kawczynski, LLC, South Amboy, New Jersey The Supreme Court has granted certiorari in the case of Dana Roberts v. Director, OWCP (Sea-Land Services, Inc.), 625 F.3d 1204 , 44 BRBS 73(CRT) (9th Cir. 2010). This... Read More

Workers’ Compensation, Return to Work, and the Americans with Disabilities Act
Posted on 8 Apr 2015 by Roger Rabb

Best practices for complying with the spirit and law of the Americans with Disabilities Act as amended in 2009 Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter Employers dealing with injured workers... Read More

Thomas A. Robinson Named Co-Author of Larson’s Workers’ Compensation Law
Posted on 16 Apr 2015 by LexisNexis Workers' Comp Law Newsroom Staff

LexisNexis is pleased to announce that Thomas A. Robinson has been named a co-author of Larson’s Workers’ Compensation Law (LexisNexis) and Larson’s Workers’ Compensation, Desk Edition (LexisNexis). As such, he will work with Lex... Read More

Delaware Supreme Court Rules That Illegals May Collect Partial Disability
Posted on 14 Nov 2014 by Cassandra Roberts

Yesterday the Delaware Supreme Court ruled that illegal aliens may collect benefits under 19 Del. Code Section 2325, known as “partial disability” or “diminished earning capacity.” The case in question belongs to my partner, Tim... Read More

No Post-Retirement Period of Disability Found: Cal. Comp. Cases March Advanced Postings (3/3/2015)
Posted on 4 Mar 2015 by California Compensation Cases Staff

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

Age and Length of Disability for Eight Chronic Conditions
Posted on 27 Apr 2016 by Roger Rabb

Does an aging American workforce mean more time lost due to chronic conditions such as arthritis, cancer, chronic pulmonary disease, coronary artery disease, diabetes, depression, hypertension, and low back pain? It is no secret that the American population... 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

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

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

Larson Unplugged Releases New Song on Odd Lot Doctrine for Workers’ Compensation
Posted on 15 Sep 2010 by Lex Larson

“Are You Odd Enough for Me?” - 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... Read More

Inspector General of US Postal Service Calls on Congress to Reform Federal Disability Benefits System
Posted on 13 Apr 2011 by LexisNexis Workers' Comp Law Newsroom Staff

The Postal Service’s Inspector General, David Williams, will tell Congress today that the federal workers’ compensation system has a high risk of fraud and should be reformed. Williams will point out that some employees of the Postal Service... Read More