Workers' Compensation

Recent Posts

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

California: Limitation on Use of In Camera Review
Posted on 31 Oct 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

I. Intent of the Discovery Process Attention: Citations below link to Lexis Advance. The discovery process is intended to be liberally construed in favor of the person seeking information. Of course, that information must be “relevant to the... Read More

Vermont Workers’ Compensation Update: April to June 2016
Posted on 11 Jul 2016 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Argentina Kearney has joined the Department of Labor staff as a Workers’ Compensation Specialist II starting May... 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

New York: Exclusive Remedy Defense Is Not Available to Village Accused of Videotaping Lifeguards Changing Into Bathing Suits
Posted on 7 Mar 2014 by Larson's Spotlight

A New York court has found, in relevant part, that the exclusive remedy defense may not be maintained by a former employer in a civil action filed against it by plaintiffs, all former lifeguards at the defendant's parks, alleging that defendant surreptitiously... Read More