LexisNexis® Legal Newsroom
Five Recent Cases You Should Know About (10/29/2010)

Larson's Spotlight on Post-Termination Claim, Labor Market, Marijuana, Credibility, Death Benefits. 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® Workers Compensation Law Community Podcast: Dr. Richard Victor on the Workers' Compensation System's Elephant in the Room

On this edition, Dr. Richard Victor, Executive Director of the Workers Compensation Research Institute, discusses the challenges of return to work opportunities for injured workers and the workers compensation questions presented by the unprecedented disruption of the labor market. Copyright© 2011...

Dr. Richard Victor on the Workers' Compensation System's Elephant in the Room (Podcast Transcript)

Note: This transcript of the Dr. Victor podcast has been partially edited. Steve Berstler: On this edition, Dr. Richard Victor, Executive Director of the Workers' Compensation Research Institute on the workers’ compensation systems Elephant in the Room. The opinions expressed by guests...

Greetings from the Amalfi Coast—and No Voluntary Removal from Labor Market in Delaware

Happy to hear from Meghan Butters of Weiss and Saville. Today’s post is one of Meghan’s cases and it would not be understatement to say that this one represents a big victory for Meghan and possibly a smidgen of a claimant-friendly precedent (you gotta just love those). Here is what Meghan...

California: Presenting Evidence of the Vocational Expert Post SB 863

Rebuttal of an injured worker’s “strict” permanent disability rating has consistently been one of the hottest topics in recent case law. See Milpitas v. WCAB (Guzman) (2010) 75 Cal. Comp. Cases 837 (lexis.com), 75 Cal. Comp. Cases 837 (Lexis Advance). Although Guzman dealt with a rebuttal...

Delaware’s Displaced Worker and the Terrible, Horrible, No Good, Very Bad Day

While I was in London I heard from my good friend Joe Klusman. Pictured above is the Klusman Klan at what I think is a wedding—aren’t they just dressed to the nines? I am delighted to feature Joe and his crew as a bit of a change from my usual pics of babies, kitties and Sweet Caroline. ...

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...

California Workers' Comp Case Roundup (10/28/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 10 October 2015 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 2015 LexisNexis. All rights...

Virginia: Injury That Occurred Two Weeks After Notice of Retirement Qualifies Employee for Temporary Total Disability Benefits

Where a long-time employee notified his employer that he would be retiring in one month and, two weeks prior to retirement, he tripped and fell in a work-related accident, received medical treatment in a worksite clinic and was placed on restricted duty for the remainder of the month, he was entitled...

Delaware: Employer Must Show Available Work Within Worker’s Limitations, Including Worker’s Undocumented Status

Evidence supported the Board’s finding that an employee was a displaced worker where, following surgery on her left wrist, the worker had been released to light-duty, one-handed work but, because of limited education, inability to speak English and a limited employment-life, she could not find...