Workers' Compensation

Recent Posts

New York: Video Surveillance of Injured Firefighter’s Activities Showed Different Picture of Level of Disability
Posted on 14 Jul 2019 by Thomas A. Robinson

Where a claimant, former firefighter, represented during a functional capacity evaluation that he was unable to lift and/or carry any weighted objects, crouch, reach for an object, or complete any of the balance tests required during the evaluation, yet... Read More

New York: Videotape and Social Media Evidence Torpedo Worker’s Claim for Benefits
Posted on 4 Jan 2019 by Thomas A. Robinson

Where a workers’ compensation claimant represented to an independent medical examiner that he could not sit upright or stand without head support, that he became dizzy from time to time, could not engage in play or other activities with his son... Read More

Larson’s Spotlight on Recent Cases: Surveillance Video Rejected When Not Disclosed to Claimant Prior to Testimony
Posted on 21 Jun 2013 by Larson's Spotlight

Larson's Spotlight on Surveillance, Workers' Comp Insurance, Retaliatory Discharge, and Reduction of Benefits. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

An Ominous Portent for Maryland’s Business Community: Workers’ Compensation Commission Revises Procedural Regulations
Posted on 12 Jul 2013 by Lance G. Montour

By Lance Montour, Esq. It has been some time since the entirety of the regulations governing workers' compensation were reviewed and revised. For a number of years, the Maryland Workers’ Compensation Commission has addressed concerns on an... Read More

House of Cards with a Delaware Address: A Termination Denied and Dr. Medinilla’s Final Hearing
Posted on 15 Dec 2015 by Cassandra Roberts

This post is dedicated to one of my all-time favorite Board members, who recently returned from the Delaware Industrial Accident Board, Dr. Otto Medinilla. I believe Dr. Medinilla has the distinction of being the only physician ever to serve the IAB and... Read More

The Case of the Purple Robe…..and a Little “Motion Day Magic” in Delaware
Posted on 14 Mar 2012 by Cassandra Roberts

It is good to be back from Alabama. Did I mention that Sweet Caroline is now into sorority recruitment? I didn't do the Greek thing in college.....so this truly is all Greek to me. There is a handbook of rules for Rush Week. Hair must be freshly cut... Read More

Vermont Workers' Compensation Update: July to September 2011
Posted on 5 Oct 2011 by Keith J. Kasper

DEPARTMENT OF LABOR DECISIONS Rowell v. Northeast Kingdom Community Action , Opinion No. 17-11WC (July 8, 2011). Claimant is not entitled to PTD for his February 2007 back injury under the "odd lot" doctrine. Claimant's medical experts... Read More

Vermont Workers' Compensation Update: October to December 2013
Posted on 6 Jan 2014 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. VERMONT DEPARTMENT OF LABOR DECISIONS Nguyen v. Best Foods Baking Co. , Opinion No. 22-13WC (October 2, 2013) Claimant’s... Read More

Delaware IAB Denies Surgery to Pinocchio
Posted on 17 Mar 2015 by Cassandra Roberts

Today’s post comes to us from Wade Adams of Liberty Mutual. He is our guest blogger and I will leave it to him to tell the tale: "This is a case where Dr. Rudin performed a lumbar fusion on a claimant who had a negative MRI, but positive... Read More

Customer, Not Applicant, Deemed Initial Physical Aggressor Despite Lack of Physical Contact: Cal. Comp. Cases September Advanced Postings (9/11/2014)
Posted on 11 Sep 2014 by California Compensation Cases Staff

Here are the second and third batches of advanced postings for September 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis... Read More

California: Anti-Paparazzi Law Inapplicable in a Workers' Compensation Proceeding
Posted on 21 Oct 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Duong v. Automobile Club of Southern California , 2014 Cal. Wrk. Comp. P.D. LEXIS –, a WCAB panel held that a sub rosa video recorded by the defendant in the parking lot of a mobile home park (where the applicant did not live) and inside an Albertson’s... Read More

Injured Worker Had No Expectation of Privacy While Working Out at Gym: Cal. Comp. Cases December Advanced Postings (12/1/2015)
Posted on 2 Dec 2015 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the December 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All... Read More

Larson’s Spotlight on Recent Cases: Truck Driver Deviated From Employment by Leaving Vehicle to Obtain Object for Purposes of Assaulting Driving Partner
Posted on 16 Mar 2012 by Larson's Spotlight

Larson's Spotlight on Deviation From Employment, Unexplained Fall, Physician's Opinion and Videotape Evidence, and Sanctions for Costs. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff... Read More

CO: Senate Committee Rejects Bill to Restrict Video Surveillance
Posted on 6 May 2010 by LexisNexis Workers' Comp Law Newsroom Staff

DENVER, CO - The Colorado Senate Judiciary Committee last night voted down HB 1012, which would have limited the use of surveillance of employees who have filed a workers' compensation claim. Source: Insurance Journal Read More