Workers' Compensation

Recent Posts

California QME Selection Process: Timing and Documentation Requirements
Posted on 23 Jul 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

The WCAB has recently issued two noteworthy panel decisions on the QME selection process. In Murray v. County of Monterey , 2015 Cal. Wrk. Comp. P.D. LEXIS 304 (lexis.com), 2015 Cal. Wrk. Comp. P.D. LEXIS 304 (Lexis Advance), the WCAB provided guidance... Read More

North Carolina: Auto Parts Employee Awarded Extensive TTD Benefits for PTSD Following Robbery
Posted on 12 Feb 2016 by Larson's Spotlight

A North Carolina appellate court affirmed an award of continuing TTD benefits to a salesperson and driver for an auto parts store who complained of chest pains and a throbbing headache following an armed robbery at the employer’s store, but was... Read More

Missouri: Post-Deposition Surveillance Video Could Not Be Introduced Into Evidence
Posted on 5 Feb 2016 by Larson's Spotlight

When, during a deposition related to claimant’s workers’ compensation claim, a representative of the employer indicated that it had conducted no surveillance activities of the claimant, the employer was under an obligation to supplement that... Read More

Proud Mary Rocks New Year’s Eve…..and the Intoxication Defense is Upheld in Delaware
Posted on 30 Dec 2015 by Cassandra Roberts

Harken back to my post of 4/14/15- “Section 2353 Extravaganza….” . That was the Roger Johnson v. R.C. Fabricators case which dealt with a Section 2353(b) forfeiture defense by virtue of intoxication, involving an injured worker with... Read More

Evaluation and Weighing of Medical Opinion Evidence in Longshore Cases
Posted on 16 Apr 2015 by BRBS Longshore Reporter Staff

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... Read More

North Carolina: Cautious Medical Testimony Does Not Amount to Mere Speculation
Posted on 19 Aug 2016 by Thomas A. Robinson

Where the former employee’s medical expert candidly allowed that he could not offer a medical opinion to a degree of absolute certainty that removed all speculation, but that he could say, to a reasonable degree of medical certainty, that the former... Read More

Florida: Self-Help Physician May Not “Bootstrap” Medical Necessity of Treatment into Evidence
Posted on 13 Oct 2016 by Thomas A. Robinson

§ 440.13(5)(e), Fla. Stat., by its plain language, excludes from workers’ compensation proceedings the medical opinions of any doctor (other than independent medical examiners and expert medical advisors) who has not been authorized by the... Read More

Missouri: Commission Reverses Denial of a PPD Claim That Lacked a Rating
Posted on 13 Apr 2015 by Martin Klug

The Commission issued a shocking new decision that the Missouri comp statute does not require a worker’s expert to provide a rating of disability in order to receive permanent disability benefits. The Commission awarded partial benefits of 18 weeks... Read More

Section 2353 Extravaganza In Delaware: A Forfeiture Based On Both Intoxication and Failure To Use a Safety Device
Posted on 14 Apr 2015 by Cassandra Roberts

It’s in the bag—urine that is. And can you even begin to guess why this claimant was wearing a bag of urine? I will let the ever-victorious Cheryl Ward tell it (eventually), but before I do, I just cannot contain myself--this case is a veritable... Read More

Five Recent Cases You Should Know About (3/25/2011)
Posted on 24 Mar 2011 by Larson's Spotlight

Larson's Spotlight on Preferred Provider Organization, Exclusive Remedy, Physician Testimony, Temporary Partial Disability, and Jurisdiction. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff... Read More