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Vermont Workers’ Compensation Update: October to December 2010

VERMONT SUPREME COURT DECISIONS McNally v. Department of PATH , 2010 VT 99 (Oct. 28, 2010). Court reverses and remands on direct appeal from Commissioner for error in application of legal analysis of compensability. "In performing this fundamental test [of whether an injury arose out of...

California: Presiding Judge Clarke of Salinas WCAB Issues Guidelines—Appropriate Reimbursable Amounts for Deposition Attorneys Fees

California: Presiding Judge Thomas Clarke of the Salinas WCAB Has Issued Guidelines Regarding Appropriate Reimbursable Amounts for Deposition Attorneys Fees Under Labor Code §5710 Effective December 13, 2010 Every few years, the presiding judge of the Salinas WCAB issues new voluntary guidelines...

Vermont Workers' Compensation Update: January to March 2011

Anne Noonan has been named the new Commissioner of the Department of Labor. Ms. Noonan has experience in the VT workers' compensation arena with her prior work with the VSEA. Mary Sarazin, formerly an attorney with Chip Powell's office, has taken a position with the Department as a Specialist...

2011 Annual Longshore Conference

By Ralph R. Lorberbaum, Zipperer, Lorberbaum & Beauvais, Savannah, Georgia Loyola University put on its annual Longshore Conference on March 24 and 25, 2011, in New Orleans before almost three hundred and fifty (350) attendees, which is the largest audience anyone could ever remember to be...

California Workers' Compensation Case Roundup (7/9/2011)

CALIFORNIA COMPENSATION CASES Vol. 76 No. 6 June 2011 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2011 LexisNexis. All rights...

Vermont Workers' Compensation Update: January to March 2012

DEPARTMENT OF LABOR DECISIONS Touchette v Vermont Slate and Roofing , Opinion No. 1-12WC, 2012 VT Wrk. Comp. LEXIS 5 (Jan. 13, 2012). In 2007, Claimant, a New York resident, suffers a work-related back injury in Vermont with a Vermont employer. In 2009, Claimant has a new work related incident in...

California Panel QME Process: Is It Time to Admit We Are Dealing With a Monster?

A serious question needs to be asked about whether requiring the use of one Qualified Medical Evaluator (QME) in a workers’ compensation case, as opposed to the use of “battling QME’s”, has reduced litigation or has actually served to increase litigation. No question, at least...

Kentucky Workers’ Compensation Board Opinions for August 2012

By Marcus A. Roland, Esq. The Kentucky Workers' Compensation Board rendered 52 decisions for the month of August, 2012. Summaries regarding opinions of note are set forth below. Bush v. Jack Cooper Transport, et al , Claim No. 2007-7362 (August 9, 2012) : This is the claimant's appeal stemming...

Larson’s Spotlight on Recent Cases: Attorney Fees and the Common Fund Doctrine

Larson's Spotlight on Attorney Fees, Venue, Intentional Tort, and Refusal of Light Duty. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. NE...

Larson’s Spotlight on Recent Cases: Attorney Fees and the Common Fund Doctrine

Larson's Spotlight on Attorney Fees, Venue, Intentional Tort, and Refusal of Light Duty. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. NE: Worker's...

VERMONT TOP CASES, powered by McCormick, Fitzpatrick, Kasper & Buchard, PC (updated 7/11/2016)

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Argentina Kearney has joined the Department of Labor staff as a Workers’ Compensation Specialist II starting May 16, 2016. Ms. Kearney has most recently been...

New Study on Why Workers Settle Their Workers’ Comp Claims

By Robin E. Kobayashi, J.D., LexisNexis Legal & Professional Operations, and Thomas P. Kieselbach, Esq., Cousineau McGuire Chartered, Minneapolis, MN The Minnesota Department of Labor & Industry’s (DLI) newly released survey on “ Workers’ Perspectives on Settlements and Hearings...

California Workers' Comp Case Roundup (3/8/2013)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 2 February 2013 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2013 LexisNexis. All rights...

Missouri: Hospital Sanctioned for Boiler-Plate Denial of Treatment

An employer owes attorney’s fees as a sanction for an unreasonable defense when it sent claimant a letter denying medical treatment without any explanation and never bothered to contact claimant before denying the claim, according to a recent Commission decision, Nouraie v Mo Baptist Hospital ...

California: Calculating the Attorney’s Fee

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Several recent panel decisions have dealt with the issue of calculation of attorney’s fees. In some cases, the WCAB has awarded higher fees than the WCJ. In other cases, the WCAB has drastically...

Vermont Workers' Compensation Update: April to June 2014

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. DEPARTMENT DECISIONS Brodeur v Energizer Battery Manufacturing, Inc. , Opinion No. 6-14 (Apr. 2, 2014). Treating physician’s opinions as to proposed minimally...

Vermont Workers’ Compensation Update: January to March 2015

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Mercier of Williamstown, VT, has joined the staff at the Department as a Workers’ Compensation Specialist II. Ms. Mercier has an Associates of Science as a...

Settlement Not Binding When CMS Never Approved Medicare Set-Aside: Cal. Comp. Cases October Advanced Postings (9/24/2015)

Here’s the latest batch of advanced postings for the October 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Calvin Collins, Petitioner v...

Texas Workers’ Compensation Update: 2015 and the Year Ahead

By Stuart D. Colburn, Esq., and Albert Betts, Jr., Esq., Co-Authors, Texas Workers’ Compensation Law This year marks an anniversary that will not be celebrated with a parade or even a mention on the local news. But it is significant to those who are a part of the Texas workers’ compensation...

Vermont Workers' Compensation Update: October to December 2015

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Charanko long term WC Specialist II has retired, but she is not going far as she is going to continue her work at the Department as a “temp” for the...

WCAB Bars Applicant’s Psychiatric Injury Caused by Disciplinary Action: Cal. Comp. Cases January Advanced Postings (1/13/2016)

Here’s another batch of advanced postings for the January 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. Dennis Stolp, Petitioner v. Workers'...

Florida: Supreme Court Strikes Down Mandatory Attorney Fee Schedule for Claimants

The Supreme Court of Florida, in a split decision, held that the mandatory attorney fee schedule contained in § 440.34, Fla. Stat., which precludes any consideration of whether the fee award is reasonable to compensate the attorney, is unconstitutional under both the Florida and the United States...

Utah: High Court Says Labor Commission’s Fee Schedule I Unconstitutional

The Supreme Court of Utah held (a) that the statute delegating authority to the Labor Commission to regulate fees for attorneys representing claimants [Utah Code § 34A–1–309] and (b) the sliding-scale fee schedule (and cap on fees) crafted by the Commission and contained in Utah Admin...

New Hampshire: Appeals Board Must Consider Future Medical Benefits in Conjunction With Employee’s Attorney Fee Request

Acknowledging that contingent fee arrangements in workers’ compensation cases were not per se unreasonable, the Supreme Court of New Hampshire held it was error for the state’s Compensation Appeals Board (CAB) to follow what amounted to a blanket rule that an injured employee’s future...

Vermont Workers’ Compensation Update: April to June 2016

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Argentina Kearney has joined the Department of Labor staff as a Workers’ Compensation Specialist II starting May 16, 2016. Ms. Kearney has most recently been employed...