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Five Recent Cases You Should Know About (4/8/2011)

Larson's Spotlight on Going and Coming Rule, Heat-Related Illness, COPD Claim, Usual Employment, and Voluntary Severance . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

The PRO Sports Hall of Fame: A Couple of Golden Oldies on Athletic Events in DE

A special thank you to PRO Physical Therapy for their hospitality last week at Citizens Bank Park..... Aspiring athletes Ben & Allison Lengkeek enjoy a night at Citizens Bank Park, compliments of PRO Physical Therapy. Their Dad is my partner, Timothy Lengkeek. This post is...

The PRO Sports Hall of Fame: A Couple of Golden Oldies on Athletic Events in DE

A special thank you to PRO Physical Therapy for their hospitality last week at Citizens Bank Park..... Aspiring athletes Ben & Allison Lengkeek enjoy a night at Citizens Bank Park, compliments of PRO Physical Therapy. Their Dad is my partner, Timothy Lengkeek. This post is dedicated...

Five Recent Workers’ Comp Cases You Should Know About (11/18/2011) – Paving Worker Strikes Bowling Ball With Sledgehammer, Loses Eye and Workers' Comp Claim

Larson's Spotlight on Death Benefits to Nonresident Aliens, Accidental Injury, Third Party Settlement Proceeds, Work Order Violation, and Prisoners. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...

Mona Lisa Smile…….Not In This Delaware Dental Case!!

Holiday greetings to one and all. And a shout out to my new urban legend, that rascal Gary Baker. Do y'all remember my post of 7/22/09? Titled "Gone to the Dogs...." , it was a little ditty about course and scope and the idiopathic fall defense involving veterinary surgeon Dr. Laci Nash...

Mona Lisa Smile…….Not In This Delaware Dental Case!!

Holiday greetings to one and all. And a shout out to my new urban legend, that rascal Gary Baker. Do y'all remember my post of 7/22/09? Titled "Gone to the Dogs...." , it was a little ditty about course and scope and the idiopathic fall defense involving veterinary surgeon Dr. Laci Nash...

Paintballing, Wrestling and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware

We had so much fun talking about that Australian Hotel Sex Romp case and as such, this post will continue to let the good times roll. The happenings in Australia have been impactful on the local front as they have promoted discussion of our own laws on course and scope and the available defense to injuries...

Paintballing, Wrestling and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware

We had so much fun talking about that Australian Hotel Sex Romp case and as such, this post will continue to let the good times roll. The happenings in Australia have been impactful on the local front as they have promoted discussion of our own laws on course and scope and the available defense to injuries...

The Company Outing: Course of Employment Issues

Summer is right around the corner, and with it comes annual company picnics, baseball games, parties and the like. These types of events raise a host of workers’ comp issues for employers. For example, last week my manager took our entire team out to lunch for purposes of team building. Everyone...

"Blunder Down Under" – An Interview With Cassandra Roberts On the Australian Rough Sex In A Hotel Workers’ Compensation Claim

Cassandra Roberts of Young, Conaway, Stargatt & Taylor LLP discusses an Australian workers' comp case involving injury to a government worker attending a conference (referred to the Australian rough sex case), the view of course and scope in Australia and the subsequent blog posts she wrote about...

The Savvy Sleuth Returns....And Course & Scope Victory Is Once Again His In This Delaware Remand

Today's post is the part two of my 9/8/10 post titled " The Case of the Savvy Sleuth "...... It was one of defense attorney Gary Baker's (Elzufon, Austin, Tarlov & Mondell) finest hours as he defeated the claim of a double amputee on the basis of course and scope-arguing that the...

The Savvy Sleuth Returns....And Course & Scope Victory Is Once Again His In This Delaware Remand

Today's post is the part two of my 9/8/10 post titled " The Case of the Savvy Sleuth "...... It was one of defense attorney Gary Baker's (Elzufon, Austin, Tarlov & Mondell) finest hours as he defeated the claim of a double amputee on the basis of course and scope-arguing that the...

In Search of a Dirt Devil: Delaware IAB Rejects Course & Scope Defenses

Today's post is a salute to my lack of ego. Yep, I am going to break my own rule and post about one of my cases....and take it a step further and tell y'all about a case I recently lost to Matt Bartkowski of Kimmel, Carter, Roman & Peltz. I so wanted to just file this one away in my drawer...

In Search of a Dirt Devil: Delaware IAB Rejects Course & Scope Defenses

Today's post is a salute to my lack of ego. Yep, I am going to break my own rule and post about one of my cases....and take it a step further and tell y'all about a case I recently lost to Matt Bartkowski of Kimmel, Carter, Roman & Peltz. I so wanted to just file this one away in my drawer...

Larson’s Spotlight on Recent Cases: No Benefits for Salmonella Poisoning From Catered Lunch

Larson's Spotlight on Course and Scope, Exclusive Remedy, and Causal Connection. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. OH: No Benefits...

Crockpots and Paychecks and Dismissals, Oh My! A Recent Course & Scope Ruling from DE

What do a crockpot and a paycheck have in common? In this case they were two items that brought the claimant into her employer, Boscovs, on her day off. And this being my case on behalf of the employer, the fact that claimant used her employee discount to purchase a crockpot warms my heart. That said...

Wawa and the Warehouse: Mixed Bag Results on Course & Scope in Delaware

Today is all about me……. (Just kidding.... well, kinda, sorta)….. I offer you two very recent rulings on course and scope, both of which are mine. In the interest of parity, and lest you think I only profile my wins, we have one which was a winner and one which was a loser. And as...

Do That To Me One More Time……..Australian Sex Case Reversed As To Course and Scope

You just have to love that rare and special intersection where our law practice comes smack up against a little afternoon delight. My posts of 4/23/12 (Kangaroo Court) , 4/25/12 (A Roll in the Hay) , and 4/27/12 (A Head-Banging Good Time) heralded the Australian work comp decision where a female employee...

California Court of Appeal Holds Adjusters May Be Sued For Negligent Misrepresentations Made Within the Course and Scope of Their Employment

By William D. Burger, Jr. and Negar Azarfar The California Court of Appeal held in Bock v. Hansen , 225 Cal. App. 4th 215 (2014), [ enhanced version available to lexis.com subscribers ], that an insurance adjuster may be held liable to an insured under a negligent misrepresentation theory. If followed...

Catherine the Great on The Porcelain Throne…… and The Personal Comfort Doctrine in Delaware

Not since my post on Defecation Syncope (7/27/10) have I had this much fun. One of my personal faves as to claimant’s counsel, Cynthia Pruitt --protecting the rights of workers everywhere to empty their bladders on the job…… and then there is Joe Andrews on the defense, apparently...

A Little Béarnaise, a Proud Mama……and a Delaware Decision on Course & Scope

For those who don’t know it, Sweet Caroline is now working in litigation support for a few of my friends at Doroshow Pasquale, including Tara Bustard. No shrinking violet herself, Caroline couldn’t have a better role model for the proposition of “girl power.” This particular case...

Tragedy in Paris Reminds Us that Workplace Violence Is a Serious Risk

As the 2015 National Workers’ Compensation and Disability Conference concluded in Las Vegas last week, there were workers in restaurants and the concert venue in Paris experiencing real time workplace violence scenarios just like those discussed at the conference. Joining tragedies such as Virginia...

The Top 10 Bizarre Workers’ Compensation Cases for 2015

Last November, I had the pleasure of speaking at the 24th Annual National Workers’ Compensation and Disability Conference in Las Vegas. My session was a spin-off of what has become one of my most popular annual blog offerings—a presentation of truly bizarre workers’ compensation cases...

Texas Workers’ Compensation Update: 2015 and the Year Ahead

By Stuart D. Colburn, Esq., and Albert Betts, Jr., Esq., Co-Authors, Texas Workers’ Compensation Law This year marks an anniversary that will not be celebrated with a parade or even a mention on the local news. But it is significant to those who are a part of the Texas workers’ compensation...

Ohio: Employee Injured When Struck by Co-Employee’s Driverless Vehicle May Not Recover in Tort

An Ohio court affirmed a trial court’s summary judgment in favor of a defendant who had been sued by a co-employee who sustained injuries in a bizarre accident that occurred in the employer’s parking lot. The two employees had completed their shifts and were walking to their respective vehicles...