Workers' Compensation

Recent Posts

DE: Last-Minute Production of Job Search “List” Properly Excluded by Board
Posted on 4 Oct 2013 by Larson's Spotlight

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

None the Richer? Delaware IAB Finds Actual Displacement in Little Sisters of the Poor Case
Posted on 4 Dec 2015 by Cassandra Roberts

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

The Game Is Afoot: Delaware IAB Has Its First Application of Watson
Posted on 30 Mar 2012 by Cassandra Roberts

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

New York: Worker Has No Continued Attachment to Labor Market Where Job Search was Inadequate
Posted on 20 Apr 2017 by Thomas A. Robinson

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

Elementary, My Dear Watson: First IAB Decisions to Rule on Application of DE Supreme Court’s Watson v. Wal-Mart
Posted on 13 Dec 2011 by Cassandra Roberts

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

Reversal of Fortune: Delaware Supreme Court Delivers Blow to the Use of Labor Market Surveys
Posted on 25 Oct 2011 by Cassandra Roberts

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

Let Me Count the Ways…..That Delaware’s Watson Case Doesn’t Apply
Posted on 9 Jan 2012 by Cassandra Roberts

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 Recent Cases: Idiopathic Fall From Standing Position to Brick Floor Not Compensable
Posted on 19 Apr 2013 by Larson's Spotlight

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

Mississippi: Worker With Partial Impairment Nevertheless Entitled to PTD Benefits
Posted on 15 Jan 2016 by Larson's Spotlight

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

Parks and Recreation: Delaware’s Watson Standard Is No Slam-Dunk!
Posted on 21 Dec 2011 by Cassandra Roberts

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

Vermont Workers' Compensation Update: July to September 2011
Posted on 5 Oct 2011 by Keith J. Kasper

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

Big doings in Delaware: The DE Supreme Court looking to objectively define "reasonable job search" and create a presumption on the issue of "displaced worker"?
Posted on 4 Feb 2011 by Cassandra Roberts

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

Reversal of Fortune: Delaware Supreme Court Delivers Blow to the Use of Labor Market Surveys
Posted on 25 Oct 2011 by Cassandra Roberts

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

The Game Is Afoot: Delaware IAB Has Its First Application of Watson
Posted on 30 Mar 2012 by Cassandra Roberts

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

Elementary, My Dear Watson: First IAB Decisions to Rule on Application of DE Supreme Court’s Watson v. Wal-Mart
Posted on 13 Dec 2011 by Cassandra Roberts

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