In a decision designated as unpublished, the Eleventh Circuit Court of Appeals recently affirmed a federal district court’s denial of a defendant’s motion for a judgment of acquittal under Fed. R. Crim. P. 29, finding that two of the defendant’s... 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
Claimant's presence at a flower shop she co-owned with her daughters did not constitute a "return to work" or absolve her employer of its liability to pay TTD benefits for relevant periods of time held an Illinois appellate court. Evidence... Read More
Larson's Spotlight on Attorney Fees, Venue, Intentional Tort, and Refusal of Light Duty. 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
Answering a question of law certified by the U.S. District Court for the Middle District of Tennessee, the state’s Supreme Court held that a job applicant does not have a cause of action under the Tennessee Workers’ Compensation Act against... Read More
Where a construction worker returned to light duty after a work-related accident but due to “the vagaries of the construction industry,” his employer furloughed virtually all its employees for undefined periods of time, with the expectation... Read More
The Supreme Court of Ohio affirmed a decision by the state’s Court of Appeals that held that an injured employee was disqualified from receiving additional temporary total disability benefits because she had abandoned her employment where, following... Read More
Claimant asserts his boss fired him because he had a worker’s compensation case, but he failed to convince a jury of that claim. He had a disagreement with his employer whether he should take a break to rest and elevate his foot before completing... 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
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
Best practices for complying with the spirit and law of the Americans with Disabilities Act as amended in 2009 Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter Employers dealing with injured workers... Read More
Claimant's capacity to return to work for 1 1/2 years after her back injury defeated her SIF claim that she was permanently and totally disabled. Her duties such as data entry, answering phones or monitoring suicidal patients were considered a ‘real... Read More
Larson's Spotlight on Temporary Total Disability Benefits, Going and Coming Rule, LHWCA Benefits, and Exclusive Remedy Rule. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More
This week I heard from Ray Radulski, counsel for Liberty Mutual. He was proud of himself, and rightfully so. I give you Dean Baslenkoff-Elder v. EZ Loan, Inc. , IAB# 1375757 (5/9/12). Here is what Ray had to say: "I know that this decision is... Read More