Stressing that a New York claimant’s obligation to demonstrate attachment to the labor market was predicated upon a finding of PPD, a state appellate court held it was inappropriate for a WCLJ to require a showing of labor market attachment where... Read More
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
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
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
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 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
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
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
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
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
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
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
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