LexisNexis® Legal Newsroom
Thomas A. Robinson
New York: Claimant’s Alford Plea Regarding Sale of Drugs Did Not Constitute Sufficient Evidence to Justify Finding of § 114-a Violation

Where a claimant pleaded guilty to violating probation by committing a crime that involved the sale of a controlled substance or a narcotic and two days later, in an Alford plea, claimant further pleaded guilty to two separate counts of criminal sale...

Thomas A. Robinson
Utah: High Court Reiterates Meaning of “Basic Work Activities” for Purposes of PTD Benefits

Generally speaking, in order to qualify for permanent total disability benefits, the Utah employee must show, in relevant part, that he or she has an impairment or combination of impairments that limit the employee’s ability to do “basic work...

Thomas A. Robinson
Maine: Res Judicata Prevents Employer from Challenging Continued Existence of Disability

The Supreme Judicial Court of Maine held that a 2007 determination that an injured worker had reached MMI and had sustained an injury that resulted in a permanent impairment level of 32 percent could not be subsequently challenged by the employer on the...

Stuart D. Colburn
2017 RAND Study Evaluates Occupational Disability Guidelines (ODG)

RAND Corp. published its review of the (1) Technical Quality and (2) Clinical Acceptance of the Occupational Disability Guidelines (ODG) published by Work Loss Data Institute (WLDI). This paper briefly discusses the RAND report. Who Is Work Loss Data...

Thomas A. Robinson
North Carolina: Injured Construction Worker Was Independent Contractor, Not Employee

The North Carolina Industrial Commission did not err in concluding that plaintiff (“Bentley”) was an independent contractor—and not an employee—of a construction company where it appeared, in relevant part, that Bentley held himself...

Thomas A. Robinson
Idaho: Wrongful Death Action Following Helicopter Crash Against State Agency Barred by Exclusive Remedy Rule

In a case with a bizarre factual background, the Supreme Court of Idaho affirmed a state trial court’s order granting summary judgment in favor of the Idaho Department of Fish & Game (IDFG) on exclusive remedy grounds in a wrongful death action...