Workers' Compensation

Recent Posts

Federal: Evidence Letter Carrier Competed in Triathlons While on “Light Duty” Supported Conviction of Workers’ Comp Fraud
Posted on 3 Jan 2014 by Larson's Spotlight

In a decision designated as unpublished, the Eleventh Circuit Court of Appeals recently affirmed a federal district court’s denial of a defendant’s motion for a judgment of acquittal under Fed.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

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

Illinois: Grandmother’s Light Duties Around Family Flower Shop Did Not Mean She Had Ability to Return to Work
Posted on 3 Jul 2014 by Larson's Spotlight

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 Recent Cases: Attorney Fees and the Common Fund Doctrine
Posted on 24 Jan 2013 by Larson's Spotlight

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

Tennessee: No Cause of Action for Retaliatory Failure to Hire
Posted on 28 Aug 2015 by Larson's Spotlight

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

Virginia: Light-Duty Employee Entitled to Disability Benefits During Furlough Periods
Posted on 11 Apr 2014 by Larson's Spotlight

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

Ohio: Employee Barred From Additional Benefits When She Walks Away from Light-Duty Position
Posted on 25 Apr 2014 by Larson's Spotlight

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

Missouri: Court Declines to Lower Burden to Prove Wrongful Discrimination Claims
Posted on 29 Dec 2012 by Martin Klug

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

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

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

Workers’ Compensation, Return to Work, and the Americans with Disabilities Act
Posted on 8 Apr 2015 by Roger Rabb

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

Missouri: A "Working" Claimant is Not a Total (sometimes)
Posted on 8 Dec 2011 by Martin Klug

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 Recent Cases: Injured Worker Entitled to Additional TTD Benefits Despite Derogatory Conduct
Posted on 23 Mar 2012 by Larson's Spotlight

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

Barely Employable? A Tepid FCE Carries the Day in Delaware Termination Case
Posted on 17 May 2012 by Cassandra Roberts

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

Missouri: A "Working" Claimant is Not a Total (sometimes)
Posted on 8 Dec 2011 by Martin Klug

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