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California Workers' Comp Case Roundup (6/9/2012)

CALIFORNIA COMPENSATION CASES Vol. 77 No. 5 May 2012 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 2012 LexisNexis. All rights reserved...

No Basis for Apportionment When VR Expert’s Opinion Unrebutted: Cal. Comp. Cases August Advanced Postings (8/22/2012)

Here’s the fourth batch of advanced postings for the August 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Giroux Glass Inc., Indemnity Insurance Company of North...

Larson’s Spotlight on Recent Cases: Gratuitous Furnishing of Company Truck

Larson's Spotlight on Company Truck and Employee Travel, Wrongful Death, Minimal Income, and Retaliatory Discharge. 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...

Vocational Expert, Medical Evidence Supported 100% Permanent Total Disability: Cal. Comp. Cases November Advanced Postings (10/23/2012)

Here’s the first batch of advanced postings for the November 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries . © Copyright 2012 LexisNexis. All rights reserved. The Limited, Gallagher Bassett Services, Petitioner...

Vocational Expert, Medical Evidence Supported 100% Permanent Total Disability: Cal. Comp. Cases November Advanced Postings (10/23/2012)

Here’s the first batch of advanced postings for the November 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries . © Copyright 2012 LexisNexis. All rights reserved. The Limited, Gallagher Bassett Services, Petitioner...

Missouri: Smoking Pot May Support Disability Claim

The commission reversed a denial of benefits and awarded permanent total benefits against the Second Injury Fund and noted that a prior habit of smoking pot daily for twenty years might be regarded as a hindrance or obstacle to employment. Mandina v Glass Group , 2012 Mo WCLR Lexis 196 (Nov. 21, 2012...

Missouri: Refugee Awarded 'Total' for His Days in the Bosnian War

Claimant’s “harrowing experiences” during the Bosnian war entitled him to permanent and total disability benefits against the Second Injury Fund, according to the Commission in the case Music v Red Brick Management, 2013 MOWCLR Lexis 1 , which reversed a denial of SIF benefits by the...

Missouri: Polio Renders Worker Totally Disabled

Claimant fell hundreds of times before in his life, but in 2008 he slipped on a slick floor in his employer’s bathroom, lost control of his crutches, and injured his neck. He never returned to work after two neck surgeries. The Commission affirmed an award for permanent total tried solely against...

Missouri: Polio Renders Worker Totally Disabled

Claimant fell hundreds of times before in his life, but in 2008 he slipped on a slick floor in his employer’s bathroom, lost control of his crutches, and injured his neck. He never returned to work after two neck surgeries. The Commission affirmed an award for permanent total tried solely against...

Missouri: Court Declines to Compel Payment of Fund Award

An injured worker with an unpaid award of permanent total benefits could not compel the Fund to fully pay the award by a writ of mandamus, according to the court of appeals. Skirvin v Treasurer of the State of Mo. , 2013 Mo App. Lexis 84 (Jan 22, 2013) The court of appeals vacated a writ of mandamus...

Missouri: Court Declines to Compel Payment of Fund Award

An injured worker with an unpaid award of permanent total benefits could not compel the Fund to fully pay the award by a writ of mandamus, according to the court of appeals. Skirvin v Treasurer of the State of Mo. , 2013 Mo App. Lexis 84 (Jan 22, 2013) The court of appeals vacated a writ of mandamus...

Applicant's Narcotic Dependency Resulted in Total Loss of Earning Capacity: Cal. Comp. Cases June Advanced Postings (6/12/2013)

Here’s the third batch of advanced postings for the June 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Pacific Compensation Insurance Company...

Deputy Sheriff Found 100 Percent Disabled in Dueling Vocational Experts Case: Cal. Comp. Cases June Advanced Postings (6/12/2014)

Here are the second and third batches of advanced postings for the June 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. County of San Mateo, PSI,...

Florida Workers’ Compensation: The Great Wait

All eyes are on Florida and the key challenges to its workers’ comp laws, including whether the “Grand Bargain” exists One year ago when the Foreword to the 2014 Edition of Dubreuil’s Florida Workers’ Compensation Handbook (LexisNexis) was prepared we noted two significant...

Ohio: PTD Benefits Not Available to 90-Year-Old Since He Could Return to Work

In making its determination that a 90-year-old claimant was not permanently and totally disabled, the Industrial Commission was free to reject a report from claimant’s vocational consultant in favor of its own analysis of relevant vocational factors. While the Commission acknowledged that claimant’s...