LexisNexis® Legal Newsroom
Thomas A. Robinson
California: “Required Vehicle” Exception to Going and Coming Rule Can Apply to In-Home Caretaker’s Bicycle

Utilizing the state’s “required vehicle” exception to the going and coming rule, a state appellate court held that injuries sustained by an in-home caretaker when she was struck and injured by a car as she rode her bicycle from one private...

Thomas A. Robinson
New Hampshire: Fees on Fees May Be Awarded to Successful Claimant

Pursuant to N.H. Rev. Stat. Ann. § 281-A:44, VI, an injured worker was entitled to reimbursement of reasonable attorney’s fees and costs that she incurred in successfully litigating an attorney fee dispute, held the Supreme Court of New Hampshire...

Thomas A. Robinson
Kentucky: IME May Use Clinical Skill and Judgment in Construing AMA Guides

While a Kentucky physician must base his or her impairment rating regarding an injured worker on the AMA Guides (5th Ed.), the physician is not required to park his or her medical judgment at the examining room door. He or she may utilize clinical skill...

Thomas A. Robinson
New York: $86,000 Penalty Assessed for Failure to Provide Coverage for Live-in Domestic Worker

Where a husband and wife employed a live-in domestic to perform housekeeping and child care duties, but failed to maintain workers’ compensation insurance, it was appropriate for the New York Workers’ Compensation Board to impose an $86,000...

Thomas A. Robinson
Florida: Judge Could Not Compel Claimant to Undergo Functional Capacity Evaluation

Stressing that substantive rights under Florida workers’ compensation law are established by the date of the accident and that the 1988 law, which would apply in the instant case, did not contain any provision that could compel a claimant to undergo...

Thomas A. Robinson
North Carolina: Supreme Court Adopts “Parsons Presumption” Regarding Medical Care

Affirming the state’s Court of Appeals in relevant part, the Supreme Court of North Carolina adopted the “ Parsons presumption” [see Parsons v. Pantry, Inc. , 126 N.C. App. 540, 485 S.E.2d 867 (1997)]: Once the employee meets the initial...