Workers' Compensation

Recent Posts

Applicant's Narcotic Dependency Resulted in Total Loss of Earning Capacity: Cal. Comp. Cases June Advanced Postings (6/12/2013)
Posted on 12 Jun 2013 by LexisNexis Communities Staff

Here’s the third batch of advanced postings for the June 2013 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights... Read More

Nebraska: High Court Holds Incarceration Does Not Disqualify Injured Worker From Disability Benefits
Posted on 12 Dec 2014 by Larson's Spotlight

In a case of first impression, the Supreme Court of Nebraska held that absent a specific statute requiring a contrary ruling, where a workers’ compensation claimant has proved a loss of earning capacity, his or her incarceration after sustaining... Read More

Arizona: Post-Injury Wages from Wal-Mart Employee’s Second Job Part of Average Monthly Wage
Posted on 6 Sep 2013 by Larson's Spotlight

For purposes of workers’ compensation benefits, the average monthly wage of a Wal-Mart employee should be computed not only upon the basis of the $9.60/hour he earned at the retailer, but also based upon the projected supplemental wages he would... Read More

Iowa: High Court Allows Apportionment for Prior Disability, Clarifies Earlier Ruling
Posted on 5 Jun 2015 by Larson's Spotlight

Where an Iowa employee worked concurrently for employer A (“A”) and employer B (“B”), sustained compensable permanent injuries while working for A, received a permanent impairment award from A and, after ceasing employment with... Read More

Illinois: Wage Differential Award Might Be Possible Even Where Post-Injury Wages Remained the Same
Posted on 15 Jan 2016 by Larson's Spotlight

Whether an injured worker has sustained an impairment of earning capacity cannot be determined simply by comparing the worker’s pre- and post-injury income. Other factors, including the nature of the post-injury employment in comparison to wages... Read More

Five Recent Cases You Should Know About (8/27/2010)
Posted on 28 Aug 2010 by Larson's Spotlight

Larson's Spotlight on Bystander Exposure, Subpoena in Fraud Case, Exclusive Remedy Rule, Job Demotion, Surveillance Evidence. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

California WCAB Panel Concludes That 100% Loss Of Future Earning Capacity Is A Factor To Consider When Calculating Permanent Disability
Posted on 27 Dec 2010 by David Bryan Leonard

By David Bryan Leonard, Esq. The panel decision of Clark Baldridge v. Swinerton, Inc./Zurich (ADJ 636377), 2010 Cal. Wrk. Comp. P.D. LEXIS 271 , highlights the role of consistency in the judicial process by recognizing that while law may change, long... Read More