Workers' Compensation

Recent Posts

Indiana: Injured Worker Recovers $412,680 in Retaliatory Discharge Action
Posted on 26 Feb 2016 by Larson's Spotlight

Affirming a trial court’s entry of a judgment against a former employer for $412,680 in compensatory and punitive damages in a former employee’s retaliatory discharge action, an Indiana appellate court held that there were issues of fact as... Read More

The Partnership Post: Termination Granted In DE With No Award of Temp Partial
Posted on 4 Jun 2013 by Cassandra Roberts

This post is a salute to Andy Carmine, who recently made partner at Elzufon, Austin, Tarlov & Mondell, which represents a collection of talented lawyers and some of my favorite people. I told Andy that I wanted his next IAB decision for the blog,... Read More

Tennessee: Injury Covered in Spite of Claimant’s Resignation from Her Employment
Posted on 1 Dec 2017 by Thomas A. Robinson

Where an employee told her supervisor that she was quitting and she fell on her way out of the employer’s store, she was nevertheless entitled to workers’ compensation benefits for her injuries since her employment included incidents that... Read More

Federal: Oregon’s Retaliatory Discharge Statute Offers No Protection Where Comp Claim Filed in Another State
Posted on 9 Jun 2016 by Larson's Spotlight

A federal district court in Oregon, construing Or. Rev. Stat. § 659A.040—the state’s retaliatory discharge provision—held that the statute protects only those workers who apply for, invoke, or utilize the procedures of the Oregon... 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

Texas: Court OKs Termination of Injured Employee at End of FMLA Leave
Posted on 11 Dec 2015 by Larson's Spotlight

An employee who sustained an admitted work-related injury, who was placed on “Family Medical Leave” by the employer while the employee was away from work due to his injuries, and who was terminated upon the expiration of the 12-week FMLA leave... Read More

Illinois: Where Trier of Fact Believes Employer’s Non-Pretextual Reason for Discharge, Employee Fails to Carry His or Her Burden of Proof
Posted on 12 Dec 2014 by Larson's Spotlight

The Supreme Court of Illinois held that in a retaliatory discharge action, the burden of proof is on the discharged employee to show that the employment was terminated and that the termination was in retaliation for the employee’s actions, that... Read More

David & Goliath: Army of Doctors Cannot Save Delaware Termination Petition in TBI Case
Posted on 11 Jan 2013 by Cassandra Roberts

You have to hand it to my partner Tim Lengkeek. He gets sexy cases from a litigation standpoint-many of his clients have serious if not catastrophic injury (and some of them are even dead). And today's case involves a traumatic brain injury as the... Read More

New Jersey: Employment Contract Clause Limiting Statute of Limitations Is Ineffective Against Employee
Posted on 16 Jun 2016 by Larson's Spotlight

In a case of first impression, the Supreme Court of New Jersey, reversing a decision by the Superior Court, Appellate Division, held that a clause in an employer’s job application form that required any claim or lawsuit against the employer to be... Read More

Vermont: Employer’s Decision to Fire Worker for Excessive Internet Use Was Not “Mere Pretext”
Posted on 4 Sep 2015 by Larson's Spotlight

An employer’s decision to terminate an employee for excessive non-business Internet use during working hours was not a “mere pretext” where the employer requested a “Websense” report—a technician’s special report... Read More

California Workers' Comp Case Roundup (11/1/2014)
Posted on 1 Nov 2014 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 79 No. 10 October 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS... Read More

Missouri: Salesman Collects Comp for Accident After He Was Fired
Posted on 25 Jul 2014 by Martin Klug

A 48-year old car salesman who fell on the employer's lot after he was fired can collect comp benefits in Missouri because his injury occurred within a reasonable time after his termination. The Commission recently awarded nearly $400,000. Hartman... Read More

Parks and Recreation: Delaware’s Watson Standard Is No Slam-Dunk!
Posted on 21 Dec 2011 by Cassandra Roberts

Okay, so first I am going back on my promise that Monday's post was the last one of 2011. I have to comment one more time before Baby New year shows his face. For some background on today's topic, check out my posts of 10/25/11 [ "Reversal... Read More

United States: Videotape of Plaintiff’s Interaction With Guest Dooms Retaliatory Discharge Claim
Posted on 18 Mar 2016 by Larson's Spotlight

A former employee’s claim that her former employer improperly discharged her in retaliation for filing a workers’ compensation claim was appropriately disposed of at the summary judgment level where the employee could not show that her employer’s... Read More