Workers' Compensation

Recent Posts

Virginia: Worker Loses Comp Benefits By Failing to Attend Scheduled FCE Session
Posted on 8 Nov 2018 by Thomas A. Robinson

Where an employer sought to terminate an injured worker’s benefits on the grounds that she had unjustifiably refused medical treatment—on three occasions over a four-month period of time, she cancelled a scheduled (and rescheduled) “functional... Read More

MO: Commission Thwarts Statutory Reform For 'Objective' Findings
Posted on 22 Nov 2011 by Martin Klug

Statutory reform in Missouri requires that objective findings trump conflicting subjective findings. When a doctor concludes claimant can work based on FCE results but claimant state he can't, does the FCE "objective" findings control? ... Read More

Post-Hire Fitness Evaluation May Reduce Workers’ Comp Costs for Lower Back Injuries in Commercial Truck Drivers
Posted on 7 Jun 2014 by Teresa McLoughlin Rice

Reducing the Financial Pain of Lower Back Pain With workers’ compensation costs on a relentless march upwards, studies suggesting that growth in some areas could possibly be tempered are sure to spark some interest and help validate what we intuitively... Read More

Louisiana: Employer Need Not Pay for Functional Capacity Evaluation Claimant Needed to Contest Employer’s Earlier FCE
Posted on 6 Jul 2017 by Thomas A. Robinson

The Supreme Court of Louisiana affirmed the OWC’s denial of the claimant’s motion to compel the employer to pay for a functional capacity evaluation to be performed by a physical therapist of the claimant’s choice where the purpose of... Read More

The Cruiser T Post…..and a Whitman Sampler of Motion Day Rulings in Delaware
Posted on 13 Apr 2012 by Cassandra Roberts

My big news? We adopted another rescue cat, a kitten actually. His name is Cruiser T, "Cruiser" in honor of the police vehicle which rescued him and "T" in honor of my husband Tom. The first week we had him, I was concerned that adding... Read More

Missouri: Claimant's Pain Complaints Support PTD Award
Posted on 6 Jun 2012 by Martin Klug

A claimant who states he hurts too much to work can collect PTD benefits, even though an FCE based on "objective" findings concludes he can work in the open labor market. The court of appeals recently affirmed a Commission award of PTD against... Read More

Sex, Lies and Videotape: Injured worker's pornographic videos posted on the Internet show violation of his medical restrictions
Posted on 24 Jan 2011 by Robin E. Kobayashi

Note: This is the first in a series on the use of the Internet and social media as evidence in workers’ compensation cases. Mark Zuckerberg, CEO of Facebook, has said “You have one identity. The days of you having a different image for... Read More

Missouri: Claimant's Pain Complaints Support PTD Award
Posted on 6 Jun 2012 by Martin Klug

A claimant who states he hurts too much to work can collect PTD benefits, even though an FCE based on "objective" findings concludes he can work in the open labor market. The court of appeals recently affirmed a Commission award of PTD against... Read More

MO: Commission Thwarts Statutory Reform For 'Objective' Findings
Posted on 22 Nov 2011 by Martin Klug

Statutory reform in Missouri requires that objective findings trump conflicting subjective findings. When a doctor concludes claimant can work based on FCE results but claimant state he can't, does the FCE "objective" findings control? ... Read More

The Cruiser T Post…..and a Whitman Sampler of Motion Day Rulings in Delaware
Posted on 13 Apr 2012 by Cassandra Roberts

My big news? We adopted another rescue cat, a kitten actually. His name is Cruiser T, "Cruiser" in honor of the police vehicle which rescued him and "T" in honor of my husband Tom. The first week we had him, I was concerned that adding... Read More