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Texas Appeals Panel Decision No. 100229-S - SIBs

By Stuart D. Colburn, Shareholder, Downs Stanford The Claimant’s application for supplement income benefits listed 65 job search efforts: five job applications and approximately 60 work search contacts as described by Texas Workforce Commission (TWC). The Hearing Officer found the Claimant...

Texas: Recent Appeals Panel Decision Provides Clarification With Regard to the SIBs Application Process

By Stuart D. Colburn, Shareholder, Downs Stanford On November 15, 2010, the Appeals Panel issued Appeals Panel Decision No. 101430 [ 2010 TX Wrk. Comp. LEXIS 113 ] that addresses some of the specifics with regard to the validity of a Claimant’s job search. This decision appears to loosen...

Big doings in Delaware: The DE Supreme Court looking to objectively define "reasonable job search" and create a presumption on the issue of "displaced worker"?

Today is my birthday post. A big shout out to my Mom (we call her the Queen Mother) who gave me life several decades ago (and that's about all I have to say about my age). I love my life, my daughters, my husband and especially my new kitty (another grey tabby) who my daughter Caroline has unceremoniously...

Vermont Workers' Compensation Update: July to September 2011

DEPARTMENT OF LABOR DECISIONS Rowell v. Northeast Kingdom Community Action , Opinion No. 17-11WC (July 8, 2011). Claimant is not entitled to PTD for his February 2007 back injury under the "odd lot" doctrine. Claimant's medical experts testified that his work injury aggravated...

Vermont Workers' Compensation Update: July to September 2011

DEPARTMENT OF LABOR DECISIONS Rowell v. Northeast Kingdom Community Action , Opinion No. 17-11WC (July 8, 2011). Claimant is not entitled to PTD for his February 2007 back injury under the "odd lot" doctrine. Claimant's medical experts testified that his work injury aggravated a preexisting...

Reversal of Fortune: Delaware Supreme Court Delivers Blow to the Use of Labor Market Surveys

At the risk of being accused of overstating the situation, all I can say is it's the end of an era. I am reminded of Second Corinthians 5:17: "The old has passed away; behold, the new has come." I think this is a Second Corinthians moment, folks. Behold the new - a case released by...

Reversal of Fortune: Delaware Supreme Court Delivers Blow to the Use of Labor Market Surveys

At the risk of being accused of overstating the situation, all I can say is it's the end of an era. I am reminded of Second Corinthians 5:17: "The old has passed away; behold, the new has come." I think this is a Second Corinthians moment, folks. Behold the new - a case released by...

Elementary, My Dear Watson: First IAB Decisions to Rule on Application of DE Supreme Court’s Watson v. Wal-Mart

In my post of 10/25/11, titled "Reversal of Fortune" , I announced the Delaware Supreme Court decision in Watson v. Wal-Mart , and expressed a number of concerns, along with some commentary from fellow members of the work comp bar, as to whether this holding would herald the demise of the labor...

Elementary, My Dear Watson: First IAB Decisions to Rule on Application of DE Supreme Court’s Watson v. Wal-Mart

In my post of 10/25/11, titled "Reversal of Fortune" , I announced the Delaware Supreme Court decision in Watson v. Wal-Mart , and expressed a number of concerns, along with some commentary from fellow members of the work comp bar, as to whether this holding would herald the demise of the labor...

Parks and Recreation: Delaware’s Watson Standard Is No Slam-Dunk!

Okay, so first I am going back on my promise that Monday's post was the last one of 2011. I have to comment one more time before Baby New year shows his face. For some background on today's topic, check out my posts of 10/25/11 [ "Reversal of Fortune" ] and 12/12/11[ "Elementary...

Parks and Recreation: Delaware’s Watson Standard Is No Slam-Dunk!

Okay, so first I am going back on my promise that Monday's post was the last one of 2011. I have to comment one more time before Baby New year shows his face. For some background on today's topic, check out my posts of 10/25/11 [ "Reversal of Fortune" ] and 12/12/11[ "Elementary...

Let Me Count the Ways…..That Delaware’s Watson Case Doesn’t Apply

I am back in the saddle after a holiday break followed by a tad of illness. And as the cases fly out of the IAB at a fast and furious pace, I have been blessed to hear from Henry Davis, Walt Schmittinger, and John Gilbert regarding more Watson cases, as I am now calling them. Or as Walt calls them, the...

Let Me Count the Ways…..That Delaware’s Watson Case Doesn’t Apply

I am back in the saddle after a holiday break followed by a tad of illness. And as the cases fly out of the IAB at a fast and furious pace, I have been blessed to hear from Henry Davis, Walt Schmittinger, and John Gilbert regarding more Watson cases, as I am now calling them. Or as Walt calls them, the...

The Game Is Afoot: Delaware IAB Has Its First Application of Watson

I have previously reported on the Delaware Supreme Court decision in Watson v. Wal-Mart (see Reversal of Fortune .....dated 10/25/11) and in subsequent posts, on the numerous IAB rulings which found that Watson did not apply ( see Elementary, My Dear Watson , dated 12/12/11; Parks & Recreation ,...

The Game Is Afoot: Delaware IAB Has Its First Application of Watson

I have previously reported on the Delaware Supreme Court decision in Watson v. Wal-Mart (see Reversal of Fortune .....dated 10/25/11) and in subsequent posts, on the numerous IAB rulings which found that Watson did not apply ( see Elementary, My Dear Watson , dated 12/12/11; Parks & Recreation ,...

Larson’s Spotlight on Recent Cases: Idiopathic Fall From Standing Position to Brick Floor Not Compensable

Larson's Spotlight on Idiopathic Fall, Late Filing, Filing of Claim, and Job Search. 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. LexisNexis...

DE: Last-Minute Production of Job Search “List” Properly Excluded by Board

The Supreme Court of Delaware recently held that it was not error to exclude a worker’s testimony that she had searched for alternative employment and had not voluntarily removed herself from the workplace where it appeared that prior to trial the employer twice requested documentation supporting...

None the Richer? Delaware IAB Finds Actual Displacement in Little Sisters of the Poor Case

Coming to me by way of claimant attorney Rich Wilson, I give you Mary Matharu v. Little Sisters of The Poor , IAB#1424369 (11/18/15) , which is an ode to the displaced worker doctrine and the Board’s most recent commentary on what it takes to be a displaced worker in the vein of the Watson case...

Mississippi: Worker With Partial Impairment Nevertheless Entitled to PTD Benefits

A Mississippi appellate court affirmed a Commission finding that an injured worker was entitled to permanent total disability benefits in spite of medical evidence that an IME physician had assigned only an 11 percent impairment rating to the worker’s body as a whole and had opined that the claimant...