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Five Recent Cases You Should Know About (8/27/2010)

Larson's Spotlight on Bystander Exposure, Subpoena in Fraud Case, Exclusive Remedy Rule, Job Demotion, Surveillance Evidence. 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...

California WCAB Panel Concludes That 100% Loss Of Future Earning Capacity Is A Factor To Consider When Calculating Permanent Disability

By David Bryan Leonard, Esq. The panel decision of Clark Baldridge v. Swinerton, Inc./Zurich (ADJ 636377), 2010 Cal. Wrk. Comp. P.D. LEXIS 271 , highlights the role of consistency in the judicial process by recognizing that while law may change, long standing principles remain. In Baldridge , a...

Applicant's Narcotic Dependency Resulted in Total Loss of Earning Capacity: Cal. Comp. Cases June Advanced Postings (6/12/2013)

Here’s the third batch of advanced postings for the June 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Pacific Compensation Insurance Company...

Arizona: Post-Injury Wages from Wal-Mart Employee’s Second Job Part of Average Monthly Wage

For purposes of workers’ compensation benefits, the average monthly wage of a Wal-Mart employee should be computed not only upon the basis of the $9.60/hour he earned at the retailer, but also based upon the projected supplemental wages he would have earned working part-time for a landscaper, in...

Nebraska: High Court Holds Incarceration Does Not Disqualify Injured Worker From Disability Benefits

In a case of first impression, the Supreme Court of Nebraska held that absent a specific statute requiring a contrary ruling, where a workers’ compensation claimant has proved a loss of earning capacity, his or her incarceration after sustaining a compensable injury is not an event that bars the...

Iowa: High Court Allows Apportionment for Prior Disability, Clarifies Earlier Ruling

Where an Iowa employee worked concurrently for employer A (“A”) and employer B (“B”), sustained compensable permanent injuries while working for A, received a permanent impairment award from A and, after ceasing employment with A, suffered an additional work-related injury working...

Illinois: Wage Differential Award Might Be Possible Even Where Post-Injury Wages Remained the Same

Whether an injured worker has sustained an impairment of earning capacity cannot be determined simply by comparing the worker’s pre- and post-injury income. Other factors, including the nature of the post-injury employment in comparison to wages the claimant could earn in a competitive job market...