LexisNexis® Legal Newsroom
Sex, Lies and Videotape: Injured worker's pornographic videos posted on the Internet show violation of his medical restrictions

Note: This is the first in a series on the use of the Internet and social media as evidence in workers’ compensation cases. Mark Zuckerberg, CEO of Facebook, has said “You have one identity. The days of you having a different image for your work friends or co-workers and for the other...

MO: Commission Thwarts Statutory Reform For 'Objective' Findings

Statutory reform in Missouri requires that objective findings trump conflicting subjective findings. When a doctor concludes claimant can work based on FCE results but claimant state he can't, does the FCE "objective" findings control? In the case of Reichardt v Industrial Sheet Metal...

The Cruiser T Post…..and a Whitman Sampler of Motion Day Rulings in Delaware

My big news? We adopted another rescue cat, a kitten actually. His name is Cruiser T, "Cruiser" in honor of the police vehicle which rescued him and "T" in honor of my husband Tom. The first week we had him, I was concerned that adding another cat to the mix had been a terrible mistake...

The Cruiser T Post…..and a Whitman Sampler of Motion Day Rulings in Delaware

My big news? We adopted another rescue cat, a kitten actually. His name is Cruiser T, "Cruiser" in honor of the police vehicle which rescued him and "T" in honor of my husband Tom. The first week we had him, I was concerned that adding another cat to the mix had been a terrible mistake...

Missouri: Claimant's Pain Complaints Support PTD Award

A claimant who states he hurts too much to work can collect PTD benefits, even though an FCE based on "objective" findings concludes he can work in the open labor market. The court of appeals recently affirmed a Commission award of PTD against the second injury fund based on this conclusion...

Post-Hire Fitness Evaluation May Reduce Workers’ Comp Costs for Lower Back Injuries in Commercial Truck Drivers

Reducing the Financial Pain of Lower Back Pain With workers’ compensation costs on a relentless march upwards, studies suggesting that growth in some areas could possibly be tempered are sure to spark some interest and help validate what we intuitively deduce as cost savings. A recent example...

Louisiana: Employer Need Not Pay for Functional Capacity Evaluation Claimant Needed to Contest Employer’s Earlier FCE

The Supreme Court of Louisiana affirmed the OWC’s denial of the claimant’s motion to compel the employer to pay for a functional capacity evaluation to be performed by a physical therapist of the claimant’s choice where the purpose of the FCE was to contest the results of a prior FCE...