A statute of limitations that bars additional compensation for an injured employee if two years passes after the last payment of medical or indemnity benefits [see N.C. Gen. Stat. § 97025.1] is clear and unambiguous, held a North Carolina appellate... Read More
A police chief who describes acute neck pain after wiping the inside window of his unmarked police car performed "integral" police work under Missouri law. Whiteley v City of Poplar Bluff , No. SD 31287 (Mo. App. Oct. 11, 2011), affirmed an... Read More
In my post of 2/25/11 , I reported on Reuben Cordero v. Gulfstream Development Corp. and Delaware Siding Company , IAB# 1357959 & 1357671 (2/10/11) (Order). The issue was whether the Delaware contractors statute ( 19 Del. Code Section 2311 ) imposed... Read More
In my post of 1/10/12 titled "A new Spin on Mexican take-out: Delaware Superior Court strikes 45 day UR appeal period as invalid", I alerted y'all to the ruling by Judge Streett on January 6, 2012, representing a consolidation of three cases... Read More
At the Roberts Argument, SCOTUS Tries to “Make Sense” of Section 906(c) By: Jon B. Robinson[fn1] I. Introduction: On January 11, 2012, the Supreme Court of the United States heard oral argument in Roberts v. Sea-Land Services, Inc. ... Read More
In State Compensation Insurance Fund v. Workers' Comp. Appeals Bd. (Sandhagen) (2008) 44 Cal.4th 230 [73 Cal.Comp.Cases 981] (Sandhagen), the California Supreme Court clarified that an employer did not have the option of going through either UR or... Read More
Here’s the first batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes. Roxanna Ortiz , Petitioner v. Workers' Compensation Appeals Board, One Source, PSI, adjusted... Read More
A big shout-out to Nancy Chrissinger Cobb and Mike Galbraith who kept their promise to provide me with a "breaking news" update when the Superior Court ruled on the pending challenge to the 45-day UR appeal period. The decision of Judge Streett... Read More
Okay, it's been a bad week. I am struggling to recover from the sinus infection from hell and to attack the pile on my desk that accrued while I was home sick. I am offering for your viewing pleasure our brand new kitty, Nutella Grace. She has a disposition... Read More
At the Roberts Argument, SCOTUS Tries to “Make Sense” of Section 906(c) By: Jon B. Robinson[fn1] I. Introduction: On January 11, 2012, the Supreme Court of the United States heard oral argument in Roberts v. Sea-Land Services, Inc... Read More