LexisNexis® Legal Newsroom
Raymond F. Correio
AMA Guides Are for Determining Whole Person Impairment, Not Apportionment

The AMA Guides under the California’s workers’ compensation system are for determining whole person impairment (WPI) and not apportionment under Labor Code §§ 4663 and 4664 In two separate cases, Caires v. Sharp Healthcare, 2014...

Thomas A. Robinson
Texas: AMA Guides Must be Utilized in Determining Impairment Rating

Where an injured worker’s medical expert opined that utilizing Advisories 2003–10 and 2003–10b—and not the AMA Guides—the worker, who underwent four surgeries, including a spinal fusion and a laminectomy, had a 20 percent...

Thomas A. Robinson
Tennessee: Injured Worker’s Testimony Sufficient to Establish Total Disability in Spite of Light Work Capabilities

In an unpublished opinion, the special appeals panel of the Tennessee Supreme Court has affirmed a finding that an injured employee was entitled to permanent and total disability benefits in spite of the fact that a functional capacity evaluation (FCE...

Thomas A. Robinson
Texas: Pro Se Litigant Fails to Establish Causal Connection Between Back Injury and Work-Related Fall

Where a pro se litigant testified that she sustained injuries when she slipped and fell during the course and scope of her employment, but she did not introduce expert medical testimony that showed a causal link between her claimed conditions—disc...

Thomas A. Robinson
Kansas: Providing Inadequate Urine Sample is Not Refusal to Take a Drug Test

The term “refusal,” as it is used in Kan. Stat. Ann. § 44–501(b)(1)(E)(2012), carries with it an element of willfulness, indicated a state appellate court recently. Accordingly, where an injured Kansas worker was unable to provide...

Tags: drug testing
Thomas A. Robinson
United States: Michigan Federal Court Reiterates that RICO May Not Be Used for Bad Faith Claims

Citing two earlier precedents, a federal district court sitting in Michigan has once again ruled, in pertinent part, that racketeering activity leading to a loss or diminution of benefits that a plaintiff expects to receive under a state workers compensation...