LexisNexis® Legal Newsroom
A New Trend in Delaware? Tybout "Dream Team" Overcome DCD Petitions on Causation

It is a rare minority of Delaware IAB cases that yield a ruling in favor of the employer, especially on an original petition for benefits, in this jurisdiction called a Petition to Determine Compensation Due. This week I am profiling two successful outcomes for the State of Delaware. Both attorneys are...

Vermont Workers' Compensation Update: October to December 2012

VERMONT SUPREME COURT DECISIONS Estate of Dunn v. Windham Northeast Supervisory Union , 2012 VT 93 (2012) . Section 624(e) does not allow for reimbursement to the workers' compensation carrier for payment from life insurance policy "because such proceeds are not 'damages,' as contemplated...

Vermont Workers' Compensation Update: April to June 2013

VERMONT SUPREME COURT DECISIONS Brown v W.T. Martin Plumbing & Heating, Inc. , 2013 VT 38 [ 2013 VT 38 ] (Jun. 21, 2013). Court reverses decisions of both the Commissioner and de novo bench determination (Judge Wesley) in determining that CRPS impairment ratings can be awarded pursuant to the...

Missouri: Split Supreme Court Awards Bills on Hypertensive Event

The Missouri Supreme Court reversed a denial of benefits in a divided 4-3 opinion and found there was sufficient evidence in an expert’s written report to find medical causation, despite the fact the ALJ, the Commission, and the Court of Appeals found the specific opinion about causation to be...

North Carolina: Expert’s Accident Reconstruction Testimony Sinks Employee’s Claim

A North Carolina court affirmed a finding by the state’s full Industrial Commission that a patient food service technician’s torn rotator cuff did not arise out of and in the course of the employment where the Commission found compelling testimony by two experts in biomechanics and accident...