LexisNexis® Legal Newsroom
Five Recent Cases You Should Know About (7/9/2010)

Larson’s Spotlight on Attorney’s Fees, Exclusive Remedy, Injury En Route to Medical Appointment, Total Disability, and Off-Duty Torts. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s Workers’ Compensation...

MO: “She’s a Drama Queen” Defense Fails In PTSD Claim

Claimant alleged post-traumatic stress disorder and major depressive disorder after a semi rear-ended her car, resulting in physical-mental injuries and the need for a thoracic fusion. The Commission affirmed an award of permanent and total disability benefits, and rejected the employer’s psychiatric...

The Delaware "Pee Cup" Case: Failing a Urine Drug Screen Not Tantamount to Forfeiture under Section 2353(c)

Good to be back. After a stint at mediation school which afforded some time to bask in the glow of colleague Mike Silverman's affable presence and sparkling wit, followed by a whirlwind college tour geared toward the objective of insuring that daughter #2, sweet Caroline, becomes part of the great...

Total Disability Before Job Injury Precludes Fund Recovery

A claimant’s lack of candor about a prior medical condition while obtaining a new job may help to prove a prior disability. In Cook v Buckley Powder Company , DOLIR 3-17-11, the Commission found that no employer would have hired claimant in his job to handle and lift explosives if he had been candid...

Roberts v. Director, OWCP, and Sealand Services, Inc.: Ninth Circuit Rules on Maximum Compensation Rates

In November of 2010, the United States Court of Appeals for the Ninth Circuit decided the case of Dana Roberts, Petitioner vs. Director, Office of Workers' Compensation Programs; Sealand Services, Inc. , 625 F.3d 1204, 44 BRBS 73(CRT) (9th Cir. 2010) . Rehearing was denied on February 10, 2011...

The Original Hoey Displaced Worker: Jewell Hoey Is Still Good Law Here In the First State

Okay, Sean Gambogi of the Kimmel, Carter, Roman & Peltz (did I leave anyone out?) firm, this one's for you. This year marks the 20th anniversary of the case of Jewell Hoey v. Chrysler and for those of you who think of me as a defense attorney.....I represented Jewell Hoey and created the Hoey...

More about That "Hoey Displaced Worker" in Delaware: IAB Comments on What It Is and What It's Not

This should be titled the "quick post". Minimal frills, minimal banter, no photos...... Today Jodi Cianci of the defense firm Chrissinger & Baumberger sent me the attached case. Termination of total disability granted in favor of the employer and a ruling that the claimant was not a "Hoey...

Trusty Ruddy Does It Again—and a Thanksgiving Salute to Partial Disability in Delaware

You have to love Kris Starr. A former Hearing Officer for the Delaware IAB, Kris set his sights on private practice a few years ago, and with him he brought an encyclopedic understanding of the basics of the work comp law, as well as the intricacies that allow a practitioner to stand out. Kris sent me...

Trusty Ruddy Does It Again—and a Thanksgiving Salute to Partial Disability in Delaware

You have to love Kris Starr. A former Hearing Officer for the Delaware IAB, Kris set his sights on private practice a few years ago, and with him he brought an encyclopedic understanding of the basics of the work comp law, as well as the intricacies that allow a practitioner to stand out. Kris sent me...

A Little “Unhandsome Dealing” in Delaware: Superior Court Reverses IAB Award Based on Discovery Issue

First of all, here is a picture of my cat trying to drink out of a "to-go" cup. While this has nothing to do with anything relating to today's post, I am proud of Nutella Grace and rightfully so. She is one clever kitty .............. Speaking of clever, the case for consideration...

A Little “Unhandsome Dealing” in Delaware: Superior Court Reverses IAB Award Based on Discovery Issue

First of all, here is a picture of my cat trying to drink out of a "to-go" cup. While this has nothing to do with anything relating to today's post, I am proud of Nutella Grace and rightfully so. She is one clever kitty .............. Speaking of clever, the case for consideration today...

Missouri: Employer Penalized for Lapses in Prescription Payments

The employer’s failure to provide medical treatment for several months did not waive its right to designate a medical provider, according to the Commission, which rejected an argument that 287.140 allowed prospective waiver to designate medical providers. The employer in Missouri has the right...

Change Is Constant....Well, Not So Much in this Delaware Termination Case

Lately, I have been happy to hear from several of you, making my job easy highlighting cases right and left and providing me with insightful commentary. The latest in this stream of personal good fortune is Clayton Bunting....one of my dear ones from "Slower Lower", as I so affectionately call...

Change Is Constant....Well, Not So Much in this Delaware Termination Case

Lately, I have been happy to hear from several of you, making my job easy highlighting cases right and left and providing me with insightful commentary. The latest in this stream of personal good fortune is Clayton Bunting....one of my dear ones from "Slower Lower", as I so affectionately call...

Missouri: Groin Injury Changes Man’s Life

An owner of an excavation business slipped in January 1999, did the splits, and had a groin injury that changed his life. Turner v Turner Excavating , 2013 MOWCLR Lexis 118 (lexis.com), 2013 MOWCLR Lexis 118 (Lexis Advance) (July 10, 2013). He had been self-employed for about 20 years. Claimant, 63,...

Missouri: Auto Accident Renders Traveling Nurse Totally Disabled

In a case with more than a ½ million in unpaid benefits, the issue boiled down to a simple dispute of where the injured worker was going in her car. Claimant contends she was going back to the office to send an urgent fax about a hospice patient when she was struck by a car in Seymour, Missouri...

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) indicated the employee was capable of performing...