LexisNexis® Legal Newsroom
Vernon Sumwalt on "A Tale of Two Cases" (Stare Decisis Only Matters Sometimes): Gregory v. W.A. Brown & Sons, 363 N.C. 750

In this commentary, Vernon Sumwalt, North Carolina board certified specialist in workers' compensation law and noted legal author, examines inconsistent case holdings on actual notice of an injury in North Carolina workers' comp cases. "Latin is a dead language, and one has to wonder...

Five Recent Cases You Should Know About (1/21/2011)

Larson's Spotlight on Claimant Status, Horseplay, Average Weekly Wage, Medical Evidence, and Notice of Injury. 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...

Five Recent Cases You Should Know About (2/11/2011)

Larson's Spotlight on Collateral Source Rule, Insurance Agent Liability, Tribal Land, Causal Connection, and Notice of Injury. 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...

Five Recent Workers’ Comp Cases You Should Know About (7/29/2011) – New Hampshire Supreme Court Adopts Increased-Risk Test for Injuries Due to Neutral Risks

Larson's Spotlight on Increased Risk, Fraud, Retaliatory Discharge, Exhaustion of Appeals, and Notice of Injury. 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...

A Local Earthquake Heralds Changes to the Delaware Work Comp Health Care Payment System

Okay so where were you when you heard the news? Or felt the rumble? The advisory below from the Department of Labor arrived amidst a local earthquake. While this is not an oddity in some states, here in the First State we like to think we are standing firm upon the rock [Psalm 40:2] and that a shake...

Five Recent Workers’ Comp Cases You Should Know About (10/21/2011) –Termination of Claimant for Failing to Provide Immediate Notice of Injury Upheld Over State’s 30-Day Time Period

Larson's Spotlight on Workers' Comp Evidence in Social Security Disability Proceeding, Termination for Failure to Provide Notice of Injury, Workers' Comp Exclusion in UIM Policy, Employee Fraud, and Immigration Status and Suspension of Benefits. Larson's surveys the latest case developments...

Five Recent Workers’ Comp Cases You Should Know About (10/21/2011) –Termination of Claimant for Failing to Provide Immediate Notice of Injury Upheld Over State’s 30-Day Time Period

Larson's Spotlight on Workers' Comp Evidence in Social Security Disability Proceeding, Termination for Failure to Provide Notice of Injury, Workers' Comp Exclusion in UIM Policy, Employee Fraud, and Immigration Status and Suspension of Benefits. Larson's surveys the latest case developments...

Larson’s Spotlight on Recent Cases: Retaliatory Discharge; Employer Honestly Believed That Medical Condition Prevented Worker From Performing Duties

Larson's Spotlight on Retaliatory Discharge, Credibility of Witnesses, Notice of Injury, and Project Owner Liability. 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...

Larson’s Spotlight on Recent Cases: Estate Administrator May Not Sue Employer Over Employment-Related Fatal Shooting

Larson's Spotlight on Exclusive Remedy, Notice of Injury, Claimant's Testimony, and 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...

SC: Casual Reference to Employer About “Hurt Back” Was Insufficient Notice

A casual statement by a worker to his employer that he had back pain, that “I must have hurt myself,” was not a sufficient notice of injury to the employer under S.C. Code Ann. § 42-15-20 (Supp. 2012), which requires notice upon “the occurrence of an accident, or as soon thereafter...

DC: Notice to Employer Deadline Runs From Knowledge That Injury Was Related to Work

The D.C. Court of Appeals recently held that the District’s Compensation Review Board erred in vacating an ALJ's award of TTD on the ground that an employee had not timely notified the employer of his injury. Quoting Larson’s Workers’ Compensation Law , and construing the notice...

Website Provided Notice That MPN Physician Could Treat at Specified Locations Only: Cal. Comp. Cases October Advanced Postings (9/26/2014)

Here’s the first batch of advanced postings for the October 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Tynia Ayers , Petitioner v. Workers'...

Florida: Employer’s Failure to Notify Carrier of Injury Claim Proves Prejudicial to Carrier

A Florida appellate court, reversing in relevant part a decision by a state JCC, held that a worker should have been reimbursed for all his medical expenses, mileage and co-payments incurred for treatment of a work-related injury in spite of the fact that he made no formal demand to the employer or carrier...

South Carolina: Statement to Employer That Employee Was “Pretty Sore” Constituted Notice of Injury

Evidence that one day after moving tires, rims and heavy frame equipment while cleaning his employer’s shop, an auto body paint technician told the employer’s owner that he was “pretty sore” and he “must have hurt [himself],” was sufficient to constitute notice of...

New York: Employee Need Not Give Separate Notice for Additional Injuries Related to Original Accident

For purposes of N.Y. Work. Comp. Law § 18, “accident” is not synonymous with the term injury. Accordingly, where a medical surgical technician slipped on a wet floor while performing her duties and reported an injury to her left knee at that time, she was not required to give the employer...

Oregon: Employer’s Knowledge of Worker’s Concurrent Employment Not Imputed to Insurer for Purposes of “Extra” Benefits Award

In Oregon, if an injured worker has more than one employer, he or she may be entitled to supplemental temporary disability benefits from the Workers’ Benefit Fund, in addition to the disability benefits the worker receives from the employer’s insurer. Or. Rev. Stat. § 656.210(2)(b)(A...

South Carolina: Formal Notice to Employer Excused Where Supervisor Witnessed Employee’s Injury

Acknowledging that S.C. Code § 42–15–20 requires that every injured employee or his representative give the employer “notice” of a job-related accident, but that no specific form of notice was actually required under the statute, the Supreme Court of South Carolina reversed...