The Supreme Court of Delaware recently held that it was not error to exclude a worker’s testimony that she had searched for alternative employment and had not voluntarily removed herself from the workplace where it appeared that prior to trial the... Read More
Coming to me by way of claimant attorney Rich Wilson, I give you Mary Matharu v. Little Sisters of The Poor , IAB#1424369 (11/18/15) , which is an ode to the displaced worker doctrine and the Board’s most recent commentary on what it takes to be... Read More
I have previously reported on the Delaware Supreme Court decision in Watson v. Wal-Mart (see Reversal of Fortune .....dated 10/25/11) and in subsequent posts, on the numerous IAB rulings which found that Watson did not apply ( see Elementary, My Dear... Read More
Noting that labor market attachment is a factual issue for the New York Board to resolve, a state appellate court affirmed a decision that denied additional benefits to a claimant on the basis that she had failed to demonstrate continued attachment to... Read More
In my post of 10/25/11, titled "Reversal of Fortune" , I announced the Delaware Supreme Court decision in Watson v. Wal-Mart , and expressed a number of concerns, along with some commentary from fellow members of the work comp bar, as to whether... Read More
At the risk of being accused of overstating the situation, all I can say is it's the end of an era. I am reminded of Second Corinthians 5:17: "The old has passed away; behold, the new has come." I think this is a Second Corinthians moment... Read More
I am back in the saddle after a holiday break followed by a tad of illness. And as the cases fly out of the IAB at a fast and furious pace, I have been blessed to hear from Henry Davis, Walt Schmittinger, and John Gilbert regarding more Watson cases,... Read More
Larson's Spotlight on Idiopathic Fall, Late Filing, Filing of Claim, and Job Search. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law... Read More
A Mississippi appellate court affirmed a Commission finding that an injured worker was entitled to permanent total disability benefits in spite of medical evidence that an IME physician had assigned only an 11 percent impairment rating to the worker’s... Read More
Okay, so first I am going back on my promise that Monday's post was the last one of 2011. I have to comment one more time before Baby New year shows his face. For some background on today's topic, check out my posts of 10/25/11 [ "Reversal... Read More
DEPARTMENT OF LABOR DECISIONS Rowell v. Northeast Kingdom Community Action , Opinion No. 17-11WC (July 8, 2011). Claimant is not entitled to PTD for his February 2007 back injury under the "odd lot" doctrine. Claimant's medical experts... Read More
Today is my birthday post. A big shout out to my Mom (we call her the Queen Mother) who gave me life several decades ago (and that's about all I have to say about my age). I love my life, my daughters, my husband and especially my new kitty (another... Read More