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Parks and Recreation: Delaware’s Watson Standard Is No Slam-Dunk!

Okay, so first I am going back on my promise that Monday's post was the last one of 2011. I have to comment one more time before Baby New year shows his face. For some background on today's topic, check out my posts of 10/25/11 [ "Reversal of Fortune" ] and 12/12/11[ "Elementary...

Parks and Recreation: Delaware’s Watson Standard Is No Slam-Dunk!

Okay, so first I am going back on my promise that Monday's post was the last one of 2011. I have to comment one more time before Baby New year shows his face. For some background on today's topic, check out my posts of 10/25/11 [ "Reversal of Fortune" ] and 12/12/11[ "Elementary...

California: Can a Psychiatric Injury Be Filed “Post-Termination” Where the Employee First Becomes Aware of Her Injury After Her Termination?

It may not be well known, but both Labor Code Section 3600 (a)(10) and Labor Code Section 3208.3 (e)(5) contain provisions that exempt their application to those claims where the date of injury is determined in accordance with Labor Code Section 5412 . Labor Code Section 3600 (a) states: “...

California: Temporary Disability and the "For Cause" Termination

Lexis.com subscribers can link to the cases cited below. There are many cases where the employee seeks temporary disability benefits for a period of time after their termination. Invariably, the employer argues that they would have offered applicant modified duty had he not been terminated, and the...

California: Temporary Disability and the "For Cause" Termination

Lexis.com subscribers can link to the cases cited below. There are many cases where the employee seeks temporary disability benefits for a period of time after their termination. Invariably, the employer argues that they would have offered applicant modified duty had he not been terminated, and the...

Larson’s Spotlight on Recent Cases: Court Adopts “Larson” Test for Willful Disobedience of Safety Rules

Larson's Spotlight on Willful Misconduct, Intoxication, Agility Test, and Cross-Examination of Physician. 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...

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...

The Hurricane Sandy Post…..and a Displaced Worker In Delaware

When I was little, they called me "Sandy" for a period of time. A select few, who thought it was "cute." By the time I was nine, my assertive, aggressive qualities kicked in, and I would have none of it, this "Sandy" business .....not nearly dignified or distinctive enough...

The Hurricane Sandy Post…..and a Displaced Worker In Delaware

When I was little, they called me "Sandy" for a period of time. A select few, who thought it was "cute." By the time I was nine, my assertive, aggressive qualities kicked in, and I would have none of it, this "Sandy" business .....not nearly dignified or distinctive enough...

Ch-Ch-Ch-Changes….. But Not on a Delaware Term Petition

Vaudie Puckett. Now there's a name for you. And today we hear from defense attorney Joe Klusman alerting us that the DE Supreme Court has ruled. And with a name like Vaudie Puckett, it's no wonder things did not go his way. But turning to the relevant, here's what Joe had to say, however...

Ch-Ch-Ch-Changes….. But Not on a Delaware Term Petition

Vaudie Puckett. Now there's a name for you. And today we hear from defense attorney Joe Klusman alerting us that the DE Supreme Court has ruled. And with a name like Vaudie Puckett, it's no wonder things did not go his way. But turning to the relevant, here's what Joe had to say, however...

David & Goliath: Army of Doctors Cannot Save Delaware Termination Petition in TBI Case

You have to hand it to my partner Tim Lengkeek. He gets sexy cases from a litigation standpoint-many of his clients have serious if not catastrophic injury (and some of them are even dead). And today's case involves a traumatic brain injury as the result of a work-related motor vehicle accident ...

David & Goliath: Army of Doctors Cannot Save Delaware Termination Petition in TBI Case

You have to hand it to my partner Tim Lengkeek. He gets sexy cases from a litigation standpoint-many of his clients have serious if not catastrophic injury (and some of them are even dead). And today's case involves a traumatic brain injury as the result of a work-related motor vehicle accident ...

The Partnership Post: Termination Granted In DE With No Award of Temp Partial

This post is a salute to Andy Carmine, who recently made partner at Elzufon, Austin, Tarlov & Mondell, which represents a collection of talented lawyers and some of my favorite people. I told Andy that I wanted his next IAB decision for the blog, win or lose. Of course, Andy being Andy, this one...

Missouri: Salesman Collects Comp for Accident After He Was Fired

A 48-year old car salesman who fell on the employer's lot after he was fired can collect comp benefits in Missouri because his injury occurred within a reasonable time after his termination. The Commission recently awarded nearly $400,000. Hartman v DJSCMS/Suntrip Kia , 2014 MO WCLR Lexis 85 (lexis...

California Workers' Comp Case Roundup (11/1/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 10 October 2014 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 2014 LexisNexis. All rights...

Illinois: Where Trier of Fact Believes Employer’s Non-Pretextual Reason for Discharge, Employee Fails to Carry His or Her Burden of Proof

The Supreme Court of Illinois held that in a retaliatory discharge action, the burden of proof is on the discharged employee to show that the employment was terminated and that the termination was in retaliation for the employee’s actions, that if an employer provides a reason for the employee’s...

Vermont: Employer’s Decision to Fire Worker for Excessive Internet Use Was Not “Mere Pretext”

An employer’s decision to terminate an employee for excessive non-business Internet use during working hours was not a “mere pretext” where the employer requested a “Websense” report—a technician’s special report showing detailed information about the worker’s...

Texas: Court OKs Termination of Injured Employee at End of FMLA Leave

An employee who sustained an admitted work-related injury, who was placed on “Family Medical Leave” by the employer while the employee was away from work due to his injuries, and who was terminated upon the expiration of the 12-week FMLA leave, could not recover for retaliatory discharge...

House of Cards with a Delaware Address: A Termination Denied and Dr. Medinilla’s Final Hearing

This post is dedicated to one of my all-time favorite Board members, who recently returned from the Delaware Industrial Accident Board, Dr. Otto Medinilla. I believe Dr. Medinilla has the distinction of being the only physician ever to serve the IAB and he will be sorely missed. In any event, this case...

Indiana: Injured Worker Recovers $412,680 in Retaliatory Discharge Action

Affirming a trial court’s entry of a judgment against a former employer for $412,680 in compensatory and punitive damages in a former employee’s retaliatory discharge action, an Indiana appellate court held that there were issues of fact as to retaliatory discharge and invasion of privacy...

United States: Videotape of Plaintiff’s Interaction With Guest Dooms Retaliatory Discharge Claim

A former employee’s claim that her former employer improperly discharged her in retaliation for filing a workers’ compensation claim was appropriately disposed of at the summary judgment level where the employee could not show that her employer’s explanations for discharging her—which...

Federal: Oregon’s Retaliatory Discharge Statute Offers No Protection Where Comp Claim Filed in Another State

A federal district court in Oregon, construing Or. Rev. Stat. § 659A.040—the state’s retaliatory discharge provision—held that the statute protects only those workers who apply for, invoke, or utilize the procedures of the Oregon workers’ compensation system, and not the...

New Jersey: Employment Contract Clause Limiting Statute of Limitations Is Ineffective Against Employee

In a case of first impression, the Supreme Court of New Jersey, reversing a decision by the Superior Court, Appellate Division, held that a clause in an employer’s job application form that required any claim or lawsuit against the employer to be filed no more than six months after the date of...