Workers' Compensation

Recent Posts

Oklahoma: Yet Another Provision of State’s Workers’ Compensation Law Held Unconstitutional
Posted on 6 Oct 2017 by Thomas A. Robinson

The forfeiture provision found in Okla. Stat. tit. 85A, § 57, part of the Oklahoma Administrative Workers’ Compensation Act (“the Act”), which bars an injured employee from further benefits (both medical care and indemnity... 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

Louisiana: Claimant Misrepresents Ability to Work and Forfeits Comp Benefits
Posted on 19 Apr 2018 by Thomas A. Robinson

A grant of summary judgment by the Louisiana Office of Workers’ Compensation that order the forfeiture of a claimant’s right to workers' compensation benefits under La. Stat. Ann. 23:1208, based upon a finding that he made false statements... 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 Workers’ Comp Cases You Should Know About (10/7/2011) – Workers Comp Denied Where Claimant Was Chased At High Speed and Shot By Co-worker's Friend
Posted on 8 Oct 2011 by Larson's Spotlight

Larson's Spotlight on Unilateral Termination of Benefits, Going and Coming Rule, Pre-Authorization of Medical Care, Settlement Proceeds Not Subject to Lien, Date of Development of Injury. Larson's surveys the latest case developments that you... Read More

Fail Safe…… and the Failure of a Section 2353(b) Forfeiture Defense in Delaware
Posted on 24 Jul 2014 by Cassandra Roberts

You gotta love Nick Krayer. He initially came to us as “new hot guy” and then he was “newly engaged guy” and now he is a blogger wannabe and Gary Nitsche protégé. Heck, he may even be married by now……... Read More

Missouri: Failure to Wear Truck Seatbelt Does Not Result in Forfeiture of Benefits
Posted on 27 Apr 2018 by Thomas A. Robinson

An employer was not entitled to a reduction in a workers’ compensation award on the basis that an employee had failed to use safety devices (seat belts and a safety hat) provided by the employer [see Mo. Rev. Stat. § 287.120.5] because the... Read More

The Dearly Deported, Take Two…..DE Superior Court Affirms IAB Decision In Favor Of Illegal Aliens
Posted on 25 Oct 2012 by Cassandra Roberts

If you have already read today's News Journal or my colleague Molly DiBianca's Delaware Employment Law Blog, then I am a little late to the party. Perhaps you recall my post of 2/9/12 titled "The Dearly Deported-Illegal Alien Status does... Read More

The Dearly Deported—Illegal Alien Status Does Not Work a Forfeiture in Delaware
Posted on 10 Feb 2012 by Cassandra Roberts

It is good to be back. For those who have been out of the loop, Young Conaway moved its office from the Brandywine Building to the Courthouse on Rodney Square. Beautiful new digs, all the better to inspire the muse. Unpacking the 25 box Case Law Library... Read More

Workers' Comp Fraud Blotter (3/29/2012) – Labor Investigator Forfeits Gold Bars, Coins, Lexus, and Homes On Way To Federal Prison
Posted on 30 Mar 2012 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

Workers' Comp Fraud Blotter (3/29/2012) – Labor Investigator Forfeits Gold Bars, Coins, Lexus, and Homes On Way To Federal Prison
Posted on 30 Mar 2012 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

The Dearly Deported, Take Two…..DE Superior Court Affirms IAB Decision In Favor Of Illegal Aliens
Posted on 25 Oct 2012 by Cassandra Roberts

If you have already read today's News Journal or my colleague Molly DiBianca's Delaware Employment Law Blog, then I am a little late to the party. Perhaps you recall my post of 2/9/12 titled "The Dearly Deported-Illegal Alien Status does... Read More

Five Recent Workers’ Comp Cases You Should Know About (10/7/2011) – Workers Comp Denied Where Claimant Was Chased At High Speed and Shot By Co-worker's Friend
Posted on 8 Oct 2011 by Larson's Spotlight

Larson's Spotlight on Unilateral Termination of Benefits, Going and Coming Rule, Pre-Authorization of Medical Care, Settlement Proceeds Not Subject to Lien, Date of Development of Injury. Larson's surveys the latest case developments that you... Read More

The Dearly Deported—Illegal Alien Status Does Not Work a Forfeiture in Delaware
Posted on 10 Feb 2012 by Cassandra Roberts

It is good to be back. For those who have been out of the loop, Young Conaway moved its office from the Brandywine Building to the Courthouse on Rodney Square. Beautiful new digs, all the better to inspire the muse. Unpacking the 25 box Case Law Library... Read More