Workers' Compensation

Recent Posts

New York: Burden Was on Claimant to Show Disability Was Factor in Her Inability to Secure Work
Posted on 8 Feb 2019 by Thomas A. Robinson

Where a claimant, who had not worked for three years, attended an orientation session and took classes on preparing a résumé and cover letter to assist her in finding a job and where she subsequently submitted job applications to various... Read More

South Dakota: Claimant Did Not Abandon Labor Market By Relocating to Daughter’s Home in Small Town
Posted on 13 Jul 2018 by Thomas A. Robinson

An award of permanent total disability benefits to an injured worker was appropriate in spite of allegations by the former employer that the worker abandoned the labor market by moving to Winner, South Dakota, more than 60 miles from Sioux Falls—her... Read More

Virginia: Injury That Occurred Two Weeks After Notice of Retirement Qualifies Employee for Temporary Total Disability Benefits
Posted on 6 Nov 2015 by Larson's Spotlight

Where a long-time employee notified his employer that he would be retiring in one month and, two weeks prior to retirement, he tripped and fell in a work-related accident, received medical treatment in a worksite clinic and was placed on restricted duty... Read More

California: Presenting Evidence of the Vocational Expert Post SB 863
Posted on 25 Mar 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

Rebuttal of an injured worker’s “strict” permanent disability rating has consistently been one of the hottest topics in recent case law. See Milpitas v. WCAB (Guzman) (2010) 75 Cal. Comp. Cases 837 (lexis.com), 75 Cal. Comp. Cases 837... Read More

Dr. Richard Victor on the Workers' Compensation System's Elephant in the Room (Podcast Transcript)
Posted on 15 Dec 2011 by LexisNexis Workers' Comp Law Newsroom Staff

Note: This transcript of the Dr. Victor podcast has been partially edited. Steve Berstler: On this edition, Dr. Richard Victor, Executive Director of the Workers' Compensation Research Institute on the workers’ compensation systems Elephant... Read More

Iowa: High Court Allows Apportionment for Prior Disability, Clarifies Earlier Ruling
Posted on 5 Jun 2015 by Larson's Spotlight

Where an Iowa employee worked concurrently for employer A (“A”) and employer B (“B”), sustained compensable permanent injuries while working for A, received a permanent impairment award from A and, after ceasing employment with... Read More

Greetings from the Amalfi Coast—and No Voluntary Removal from Labor Market in Delaware
Posted on 3 Jul 2013 by Cassandra Roberts

Happy to hear from Meghan Butters of Weiss and Saville. Today’s post is one of Meghan’s cases and it would not be understatement to say that this one represents a big victory for Meghan and possibly a smidgen of a claimant-friendly precedent... Read More

Delaware’s Displaced Worker and the Terrible, Horrible, No Good, Very Bad Day
Posted on 21 Oct 2014 by Cassandra Roberts

While I was in London I heard from my good friend Joe Klusman. Pictured above is the Klusman Klan at what I think is a wedding—aren’t they just dressed to the nines? I am delighted to feature Joe and his crew as a bit of a change from my usual... Read More

Delaware: Employer Must Show Available Work Within Worker’s Limitations, Including Worker’s Undocumented Status
Posted on 5 Feb 2016 by Larson's Spotlight

Evidence supported the Board’s finding that an employee was a displaced worker where, following surgery on her left wrist, the worker had been released to light-duty, one-handed work but, because of limited education, inability to speak English... Read More

California Workers' Comp Case Roundup (10/28/2015)
Posted on 28 Oct 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 10 October 2015 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS... Read More

LexisNexis® Workers Compensation Law Community Podcast: Dr. Richard Victor on the Workers' Compensation System's Elephant in the Room
Posted on 14 Dec 2011 by LexisNexis Legal Business Community Staff

On this edition, Dr. Richard Victor, Executive Director of the Workers Compensation Research Institute, discusses the challenges of return to work opportunities for injured workers and the workers compensation questions presented by the unprecedented... Read More

LexisNexis® Workers Compensation Law Community Podcast: Dr. Richard Victor on the Workers' Compensation System's Elephant in the Room
Posted on 14 Dec 2011 by LexisNexis Legal Business Community Staff

On this edition, Dr. Richard Victor, Executive Director of the Workers Compensation Research Institute, discusses the challenges of return to work opportunities for injured workers and the workers compensation questions presented by the unprecedented... Read More

Five Recent Cases You Should Know About (10/29/2010)
Posted on 28 Oct 2010 by Larson's Spotlight

Larson's Spotlight on Post-Termination Claim, Labor Market, Marijuana, Credibility, Death Benefits. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... Read More

Dr. Richard Victor on the Workers' Compensation System's Elephant in the Room (Podcast Transcript)
Posted on 15 Dec 2011 by LexisNexis Workers' Comp Law Newsroom Staff

Note: This transcript of the Dr. Victor podcast has been partially edited. Steve Berstler: On this edition, Dr. Richard Victor, Executive Director of the Workers' Compensation Research Institute on the workers’ compensation systems Elephant... Read More