Workers' Compensation

Recent Posts

Texas: City of Port Arthur v. Brown
Posted on 2 Nov 2011 by Stuart D. Colburn

This case [ 2011 Tex. App. LEXIS 7881 ] concerns when a jury can disregard the testimony of the only expert who provided opinions or testimony to a jury. Tanner Brown was a City of Port Arthur (City) employee injured during a low-impact collision while... Read More

Tags: medical expert , Stuart Colburn , Texas workers compensation , expert witness , Expert testimony , herniated disc , jury , Port Arthur v Brown , causation , subrogation , Texas

Airplane Head Injury, Zone of Danger, Sudden and Extraordinary: Cal. Comp. Cases January Advanced Postings (1/15/2014)
Posted on 15 Jan 2014 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the January 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights... Read More

Tags: sudden and extraordinary , fibromyalgia , special risk exception , zone of danger , Apportionment , head injury , permanent disability , Jurisdiction , California workers compensation , going and coming rule , expert witness , forum selection , six-month employment rule , Medical Provider Networks , psychiatric injury

The Battle Over Reliable Expert Testimony: Florida Courts May Stop Using Daubert, But Not in Workers’ Compensation
Posted on 2 Feb 2016 by Jennifer Jordan

By Jennifer C. Jordan, Esq., General Counsel, MEDVALL, LLC On December 4, 2015, the Florida Bar Board of Governors approved 33-9 the Code and Rules of Evidence Committee’s (CREC) recommendation to use the Frye standard for evaluating expert testimony... Read More

Tags: Apportionment , testimony , expert witness , Frye , Opinion , Florida workers compensation , Daubert

Missouri: No Comp Benefits For a Prosecutor's Ordinary Stress
Posted on 17 Mar 2015 by Martin Klug

A state prosecutor worked for nine years at Jackson County and claims working too hard made him depressed, impaired his ability to concentrate and rendered him unemployable. Kersten v Jackson County , 2015 Mo WCLR Lexis 19 (lexis.com), 2015 Mo WCLR Lexis... Read More

Tags: depression , course of employment , expert witness , Stress , Missouri workers compensation , mental

MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier
Posted on 20 Oct 2011 by Martin Klug

The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award... Read More

Tags: Missouri , second injury fund , Martin Klug , Missouri Court of Appeals , vocational rehabilitation , cashier , permanent partial disability , Permanent Total Disability , expert witness , Carkeek v Missouri , vocational expert

Vermont Workers' Compensation Update: January to March 2011
Posted on 27 Apr 2011 by Keith J. Kasper

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... Read More

Tags: impairment rating , material mistake , Vermont Workers’ Compensation , attorney fees , SSDI , aggravation , expert witness , permanency benefits , credibility

"How Many Doctors Does It Take....?" – Delaware Superior Court Awards Multiple Medical Witness Fees Where One Petition Falters
Posted on 20 May 2011 by Cassandra Roberts

A shout out to claimant attorney Mike Galbraith. I asked for some help these next few weeks with highlighting cases and he stepped up with not one, but two. Since I only deem the one blog worthy (and since the other is currently on appeal to the DE Supreme... Read More

Tags: Cassandra Roberts , Delaware Industrial Accident Board , medical witness fee , Delaware Detour & Frolic , expert witness , Sandra Nichols v. HCR Manor Care , permanency rating

MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier
Posted on 20 Oct 2011 by Martin Klug

The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award... Read More

Tags: Missouri , second injury fund , Martin Klug , Missouri Court of Appeals , vocational rehabilitation , cashier , permanent partial disability , Permanent Total Disability , expert witness , Carkeek v Missouri , vocational expert

Texas: City of Port Arthur v. Brown
Posted on 2 Nov 2011 by Stuart D. Colburn

This case [ 2011 Tex. App. LEXIS 7881 ] concerns when a jury can disregard the testimony of the only expert who provided opinions or testimony to a jury. Tanner Brown was a City of Port Arthur (City) employee injured during a low-impact collision while... Read More

Tags: medical expert , Stuart Colburn , Texas workers compensation , expert witness , Expert testimony , herniated disc , jury , Port Arthur v Brown , causation , subrogation , Texas

Briefs, Pleadings and Motions
Posted on 13 Jul 2010 by LexisNexis Workers' Comp Law Newsroom Staff

National Briefs, Pleadings and Motions - NEW! US Federal and State Court Filings, Briefs, Pleadings, Motions, Jury Instruction, select Expert Witness Daubert Filings and more 1 - Year Subscription for $768 Jurisdictional Briefs... Read More

Tags: briefs , pleadings , jury instruction , research , expert witness , Daubert , motions