Workers' Compensation

Recent Posts

The Hurricane Sandy Post…..and a Displaced Worker In Delaware
Posted on 30 Oct 2012 by Cassandra Roberts

When I was little, they called me "Sandy" for a period of time. A select few, who thought it was "cute." By the time I was nine, my assertive, aggressive qualities kicked in, and I would have none of it, this "Sandy" business... Read More

North Carolina: Court Explains Important Difference Between “Sequence” and “Consequence”
Posted on 9 Jan 2015 by Larson's Spotlight

A North Carolina appellate court affirmed a state Industrial Commission decision that found, in relevant part, that a worker’s depression was causally connected to a work-related injury and, therefore, compensable. The employer contended that testimony... Read More

Nebraska: Injured Employee Fails to Show Spinal Cord Stimulator Is Necessary Medical Expense
Posted on 8 Jan 2016 by Larson's Spotlight

An employer need not pay the cost of supplying an injured employee with a spinal cord stimulator where both the employee’s testimony and that of the employer’s medical experts indicated the stimulator did not alleviate the pain associated... Read More

California Panel QME Process: Is It Time to Admit We Are Dealing With a Monster?
Posted on 17 May 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

A serious question needs to be asked about whether requiring the use of one Qualified Medical Evaluator (QME) in a workers’ compensation case, as opposed to the use of “battling QME’s”, has reduced litigation or has actually served... Read More

Wyoming: Burden of Proof Has Two Elements: Burden of Production and Burden of Persuasion
Posted on 16 May 2014 by Larson's Spotlight

Reminding the parties that the burden of proof consists of two elements: the burden of production and the burden of persuasion, the Supreme Court of Wyoming affirmed the denial of workers’ compensation benefits for back pain that the claimant believed... Read More

California: Appellate Court Rejects Argument for Admissibility of “Privately Retained Medical Expert” Report
Posted on 29 Oct 2015 by Richard M. Jacobsmeyer

The 2nd District Court of Appeal has issued an opinion in Batten v W.C.A.B ., wherein the applicant had challenged the W.C.A.B.’s interpretation of recent statutory changes and in particular Labor Code § 4605 concerning self procured medical... Read More

Idaho: Continued Pain Does Not Contradict Finding That Worker Reached Maximum Medical Improvement
Posted on 6 Mar 2015 by Larson's Spotlight

An injured worker’s contention that she still suffered significant pain was not sufficient to contradict the Commission’s finding that the worker had nevertheless reached a point of maximum medical improvement, held an Idaho court. In fact... Read More

Texas: City of Port Arthur v. Brown
Posted on 2 Nov 2011 by Stuart D. Colburn

This case [ 2011 Tex. App. LEXIS 7881 ] concerns when a jury can disregard the testimony of the only expert who provided opinions or testimony to a jury. Tanner Brown was a City of Port Arthur (City) employee injured during a low-impact collision while... Read More

How to Utilize a Medical Expert and Effectively Present Causation Opinions
Posted on 17 Feb 2017 by Stuart D. Colburn

The seminal causation paper will never be written. This fact provides the author at least some comfort as this paper briefly wades into the agenda-driven minefield of causation in a workers’ compensation claim. Causation, like beauty, is often... Read More

Larson’s Spotlight on Recent Cases: Presumption of Compensability for Court Reporter’s On-the-Job Aneurysm
Posted on 13 Jan 2012 by Larson's Spotlight

Larson's Spotlight on Presumption of Compensability, Social Security Offset, Exclusive Remedy and Co-Employee Immunity, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the... Read More

Larson’s Spotlight on Recent Cases: Court Adopts “Larson” Test for Willful Disobedience of Safety Rules
Posted on 18 May 2012 by Larson's Spotlight

Larson's Spotlight on Willful Misconduct, Intoxication, Agility Test, and Cross-Examination of Physician. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More

California Panel QME Process: Is It Time to Admit We Are Dealing With a Monster?
Posted on 17 May 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

A serious question needs to be asked about whether requiring the use of one Qualified Medical Evaluator (QME) in a workers’ compensation case, as opposed to the use of “battling QME’s”, has reduced litigation or has actually served... Read More

Larson’s Spotlight on Recent Cases: Presumption of Compensability for Court Reporter’s On-the-Job Aneurysm
Posted on 13 Jan 2012 by Larson's Spotlight

Larson's Spotlight on Presumption of Compensability, Social Security Offset, Exclusive Remedy and Co-Employee Immunity, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the... Read More

Texas: City of Port Arthur v. Brown
Posted on 2 Nov 2011 by Stuart D. Colburn

This case [ 2011 Tex. App. LEXIS 7881 ] concerns when a jury can disregard the testimony of the only expert who provided opinions or testimony to a jury. Tanner Brown was a City of Port Arthur (City) employee injured during a low-impact collision while... Read More

The Hurricane Sandy Post…..and a Displaced Worker In Delaware
Posted on 30 Oct 2012 by Cassandra Roberts

When I was little, they called me "Sandy" for a period of time. A select few, who thought it was "cute." By the time I was nine, my assertive, aggressive qualities kicked in, and I would have none of it, this "Sandy" business... Read More