LexisNexis® Legal Newsroom
MO: Supervisor’s Step Off Sidewalk Did Not Step Her Outside Comp Statute

The State of Missouri refused to provide benefits to a supervisor of a state- run home for abused children, claiming her shoulder injury from a fall on an uneven surface was not a compensable accident when she was walking at work and she did not stay on the pathway but stepped on the grass instead and...

The Whitman Sampler—a Little Permanency Ruling Round-Up in Delaware

Thank God it's Friday. I have read a wealth of case law this week and for once the theme was not Utilization Review appeals and how many ways can the Board tell UR it got it wrong. This week is a salute to permanent impairment. And the cases are all over the place, which makes life in The First State...

The Whitman Sampler—a Little Permanency Ruling Round-Up in Delaware

Thank God it's Friday. I have read a wealth of case law this week and for once the theme was not Utilization Review appeals and how many ways can the Board tell UR it got it wrong. This week is a salute to permanent impairment. And the cases are all over the place, which makes life in The First State...

Missouri: No Death Benefits From Toe Fracture

Claimant died five years after he stubbed his toe while delivering pizzas. He fractured his toe and claims he also hurt his knee. The ALJ awarded death benefits. The parties disputed whether claimant's left knee symptoms, recurrent surgeries for a proliferative mass of unknown origin, and his fatal...

MO: Working Doesn't Stop PTD Benefits for Claimant

A permanently and totally disabled claimant with a traumatic brain injury did not lose benefits because he was working, according to the Missouri Court of Appeals, when the employer failed to show a change in physical condition. The case is Pavia v Smitty's Supermarkets , No. 31275 (Mo. App. SD 2012...

MO: Working Doesn't Stop PTD Benefits for Claimant

A permanently and totally disabled claimant with a traumatic brain injury did not lose benefits because he was working, according to the Missouri Court of Appeals, when the employer failed to show a change in physical condition. The case is Pavia v Smitty's Supermarkets , No. 31275 (Mo. App. SD 2012...

The Case of the Purple Robe…..and a Little “Motion Day Magic” in Delaware

It is good to be back from Alabama. Did I mention that Sweet Caroline is now into sorority recruitment? I didn't do the Greek thing in college.....so this truly is all Greek to me. There is a handbook of rules for Rush Week. Hair must be freshly cut and highlighted. Sorority representatives must...

The Case of the Purple Robe…..and a Little “Motion Day Magic” in Delaware

It is good to be back from Alabama. Did I mention that Sweet Caroline is now into sorority recruitment? I didn't do the Greek thing in college.....so this truly is all Greek to me. There is a handbook of rules for Rush Week. Hair must be freshly cut and highlighted. Sorority representatives must...

Where Do Broken Hearts Go? Not to the Delaware IAB, That’s for Sure!

The title of this post is a salute to the late great Whitney Houston. This week we have a guest blogger, Wil Davis, of the New Castle County Law Department. Wil is one of two guest bloggers who will be featured on The Detour & Frolic this week. I am grateful to Wil for highlighting a recent IAB decision...

Where Do Broken Hearts Go? Not to the Delaware IAB, That’s for Sure!

The title of this post is a salute to the late great Whitney Houston. This week we have a guest blogger, Wil Davis, of the New Castle County Law Department. Wil is one of two guest bloggers who will be featured on The Detour & Frolic this week. I am grateful to Wil for highlighting a recent IAB decision...

Larson’s Spotlight on Recent Cases: Clash of Medical Opinions Over Surgery to Correct Injured Worker’s Enlarged Breast Condition

Larson's Spotlight on Conflict of Medical Opinions, Future Medical Payments, Employer's Safety Rules, and Lump-Sum Settlement. 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...

“Please Sir, I Want Some More”: Latest IAB Appeal Case in Delaware & the Inadequacy of UR Decisions

First, some good news. The Roberts family has expanded by one. I hope to have a picture of our newest addition in the coming days. Another rescue cat-this one a kitten named "Cruiser" after the police vehicle which took him in style to the shelter. He is 3 months old and strongly resembles...

“Please Sir, I Want Some More”: Latest IAB Appeal Case in Delaware & the Inadequacy of UR Decisions

First, some good news. The Roberts family has expanded by one. I hope to have a picture of our newest addition in the coming days. Another rescue cat-this one a kitten named "Cruiser" after the police vehicle which took him in style to the shelter. He is 3 months old and strongly resembles...

Absence Makes the Heart Grow Fonder In This Delaware Utilization Review Appeal

So here is the sub-title: IAB Denies Employer's UR Appeal Despite Lack of Testimony from Claimant's Treating Doctor. Pretty catchy, huh? Props this week to claimant attorney Michael Galbraith who flagged for my interest the case du jour. Before I read this case, issued by the Board last week...

Absence Makes the Heart Grow Fonder In This Delaware Utilization Review Appeal

So here is the sub-title: IAB Denies Employer's UR Appeal Despite Lack of Testimony from Claimant's Treating Doctor. Pretty catchy, huh? Props this week to claimant attorney Michael Galbraith who flagged for my interest the case du jour. Before I read this case, issued by the Board last week...

I’ll Take Mine With Icing: A New Spin on Daubert in Delaware

My Daddy, who I lost the week before I started law school, always used to say "Jack of all trades, master of none." Maybe that's why my practice has been limited to work comp and that alone these last 30 plus years. Today's post is interesting in that it seems to be yet another...

I’ll Take Mine With Icing: A New Spin on Daubert in Delaware

My Daddy, who I lost the week before I started law school, always used to say "Jack of all trades, master of none." Maybe that's why my practice has been limited to work comp and that alone these last 30 plus years. Today's post is interesting in that it seems to be yet another...

Larson’s Spotlight on Recent Cases: Court Bars Medical Expert Testimony on Sick Building Syndrome

Larson's Spotlight on Sick Building Syndrome, Wrongful Death and Exclusive Remedy, Retaliatory Discharge, and Unexplained Fall. 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...

California: Rating Multiple Disabilities Using the Combined Values Chart

A recent noteworthy panel decision provides guidance on the WCJ’s Role vs. the Medical Expert’s role A California WCAB panel has rescinded a Workers’ Compensation Judge’s (WCJ) finding that an applicant sustained 73 percent permanent disability as result of a 5/29/2009 industrial...

Tennessee: Injured Worker’s Testimony Sufficient to Establish Total Disability in Spite of Light Work Capabilities

In an unpublished opinion, the special appeals panel of the Tennessee Supreme Court has affirmed a finding that an injured employee was entitled to permanent and total disability benefits in spite of the fact that a functional capacity evaluation (FCE) indicated the employee was capable of performing...