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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. ...

Five Recent Cases You Should Know About (4/15/2011)

Larson's Spotlight on Termination of Benefits, Employee Status, Penalty for Unreasonable Defense of Claim, Wrongful Death, and Loss of Sight. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...

More about That "Hoey Displaced Worker" in Delaware: IAB Comments on What It Is and What It's Not

This should be titled the "quick post". Minimal frills, minimal banter, no photos...... Today Jodi Cianci of the defense firm Chrissinger & Baumberger sent me the attached case. Termination of total disability granted in favor of the employer and a ruling that the claimant was not a "Hoey...

Five Recent Workers’ Comp Cases You Should Know About (10/7/2011) – Workers Comp Denied Where Claimant Was Chased At High Speed and Shot By Co-worker's Friend

Larson's Spotlight on Unilateral Termination of Benefits, Going and Coming Rule, Pre-Authorization of Medical Care, Settlement Proceeds Not Subject to Lien, Date of Development of Injury. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff...

Five Recent Workers’ Comp Cases You Should Know About (10/7/2011) – Workers Comp Denied Where Claimant Was Chased At High Speed and Shot By Co-worker's Friend

Larson's Spotlight on Unilateral Termination of Benefits, Going and Coming Rule, Pre-Authorization of Medical Care, Settlement Proceeds Not Subject to Lien, Date of Development of Injury. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff...

Barely Employable? A Tepid FCE Carries the Day in Delaware Termination Case

This week I heard from Ray Radulski, counsel for Liberty Mutual. He was proud of himself, and rightfully so. I give you Dean Baslenkoff-Elder v. EZ Loan, Inc. , IAB# 1375757 (5/9/12). Here is what Ray had to say: "I know that this decision is not the kind that blazes a new trail of case law...

Barely Employable? A Tepid FCE Carries the Day in Delaware Termination Case

This week I heard from Ray Radulski, counsel for Liberty Mutual. He was proud of himself, and rightfully so. I give you Dean Baslenkoff-Elder v. EZ Loan, Inc. , IAB# 1375757 (5/9/12). Here is what Ray had to say: "I know that this decision is not the kind that blazes a new trail of case law...

Change Is Constant....Well, Not So Much in this Delaware Termination Case

Lately, I have been happy to hear from several of you, making my job easy highlighting cases right and left and providing me with insightful commentary. The latest in this stream of personal good fortune is Clayton Bunting....one of my dear ones from "Slower Lower", as I so affectionately call...

Change Is Constant....Well, Not So Much in this Delaware Termination Case

Lately, I have been happy to hear from several of you, making my job easy highlighting cases right and left and providing me with insightful commentary. The latest in this stream of personal good fortune is Clayton Bunting....one of my dear ones from "Slower Lower", as I so affectionately call...

Ohio: Violation of Attendance Rule Amounts to Abandonment of Employment; No TTD Benefits

The Supreme Court of Ohio, affirming a decision of a lower appellate court, held that a claimant’s termination from employment for violating the written attendance policy in her union contract was evidence of voluntary abandonment of her employment that justified the Industrial Commission’s...

District of Columbia: Court Construes Burden Shifting Framework Required to Pass on Employer’s Termination of Benefits Request

Where an employer has accepted a claim and paid workers’ compensation benefits, but later moves to terminate or modify those benefits, the employer has the burden of proving by a preponderance of the evidence that conditions have changed such that the claimant no longer is entitled to the benefits...

Florida: “Angry Thoughts” About Co-Worker Do Not Constitute Employee Misconduct

Statements made by a workers’ compensation claimant to her attorney that she felt like “punching the lights” out of a co-worker, whom the claimant felt had intentionally caused the claimant injury at work, were not the sort of acts that constituted employee “misconduct,”...