LexisNexis® Legal Newsroom
Cassandra Roberts
Merged Claim for Taste and Smell Impairment in Delaware Doesn't Pass the Sniff Test!

You have to hand it to my partner, Natalie Wolf. She is not timid nor does she hesitate to try to break new ground. Case in point-- William Meyer v. ITT Flight Operations , IAB # 1297955 ( 9/21/10 ). On a claim for 100% loss of smell where there is a...

Thomas A. Robinson
Halloween and the Workplace: 'Things That Go Bump in the Night'

From goulies and ghosties And long-leggedy beasties And things that go bump in the night Good Lord, deliver us! From the Cornish or West Country Litany, 1926 Throughout the calendar year, employees within the workplace must attend to their...

Goldman, Magdalin & Krikes, LLP
Workers Comp Exclusive Remedy

In the recent [California] Court of Appeal decision, Sunline Transit v. Amalgamated Transit Union , the Court affirmed a fairly well established principle that an employer may be held liable for civil penalties when the employer’s decision to terminate...

Cassandra Roberts
Plays Well With Others? Not In DE--Section 2353(b) Forfeiture Defense Upheld For Employer

Once again this week the Detour & Frolic pauses on the forfeiture statute, this time Section 2353(b), sometimes called the "recklessness defense". Rarely raised, even more rarely victorious. So props to Chris McGarry at Elzufon Austin Tarlov...

Howard Stevens
Defending Against Guzman

In last month’s Legal Briefs , we discussed the Court of Appeals decision in Milpitas Unified School District v. Workers' Compensation Appeals Board , (Guzman), 75 CCC 837 (2010) upholding the WCAB en banc opinion in the joint cases generically...

Goldman, Magdalin & Krikes, LLP
Global Settlements

In the recent decision Stellar v. Sears, Roebuck and Co. , the Second District Court of Appeal ruled that, where the parties to a workers’ compensation and civil lawsuit were in dispute as to whether the settlement reached in the civil matter was...