LexisNexis® Legal Newsroom
Vermont Workers' Compensation Update: July to September 2011

DEPARTMENT OF LABOR DECISIONS Rowell v. Northeast Kingdom Community Action , Opinion No. 17-11WC (July 8, 2011). Claimant is not entitled to PTD for his February 2007 back injury under the "odd lot" doctrine. Claimant's medical experts testified that his work injury aggravated...

Vermont Workers' Compensation Update: July to September 2011

DEPARTMENT OF LABOR DECISIONS Rowell v. Northeast Kingdom Community Action , Opinion No. 17-11WC (July 8, 2011). Claimant is not entitled to PTD for his February 2007 back injury under the "odd lot" doctrine. Claimant's medical experts testified that his work injury aggravated a preexisting...

MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier

The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award of PPD but a denial of PTD benefits awarded by...

MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier

The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award of PPD but a denial of PTD benefits awarded by...

Workers' Comp Fraud Blotter (12/1/2011) – Real Housewives of Orange County Wannabe Pleads Guilty To Insurance Fraud Scam

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud Blotter...

Dr. Richard Victor on the Workers' Compensation System's Elephant in the Room (Podcast Transcript)

Note: This transcript of the Dr. Victor podcast has been partially edited. Steve Berstler: On this edition, Dr. Richard Victor, Executive Director of the Workers' Compensation Research Institute on the workers’ compensation systems Elephant in the Room. The opinions expressed by guests...

Retroactive Prophylactic Restriction From Very Heavy Work Was Insufficient to Establish Pre-existing Disability: Cal. Comp. Cases February Advanced Postings (2/16/2012)

Here’s the third batch of advanced postings for the February 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. Dennis Timmons , Petitioner v. Workers' Compensation Appeals Board, California Mens Colony, State Compensation...

California: Obtaining Substantial Evidence From Vocational Rehabilitation Experts in Ogilvie Cases

At a seminar during the recent DWC 19th Annual Educational Conference in Oakland, we heard opinions about interpreting Ogilvie , rating permanent disability, and rebutting the 2005 Permanent Disability Rating Schedule. Although Ogilvie did not give us definitive instructions on how to rate permanent...

California: Obtaining Substantial Evidence From Vocational Rehabilitation Experts in Ogilvie Cases

At a seminar during the recent DWC 19th Annual Educational Conference in Oakland, we heard opinions about interpreting Ogilvie , rating permanent disability, and rebutting the 2005 Permanent Disability Rating Schedule. Although Ogilvie did not give us definitive instructions on how to rate permanent...

WCAB Enforces Rehabilitation Unit Determination That Became Final: Cal. Comp. Cases April Advanced Postings (4/12/2012)

Here’s the third batch of advanced postings for the April 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes. © Copyright 2012 LexisNexis. All rights reserved. Risk Enterprise Management, administrator for TIG Insurance Company...

California: Vocational Rehabilitation Experts

By Colleen S. Casey Copyright © 2012. All rights reserved. Reprinted with permission. The decision in Ogilvie v. WCAB (Ogilvie III) (2011) 76 CCC 624 created an increasing demand for the expertise of vocational rehabilitation (VR) experts. Parties continually struggle with how to best present...

California: Vocational Rehabilitation Experts

By Colleen S. Casey Copyright © 2012. All rights reserved. Reprinted with permission. The decision in Ogilvie v. WCAB (Ogilvie III) (2011) 76 CCC 624 created an increasing demand for the expertise of vocational rehabilitation (VR) experts. Parties continually struggle with how to best present...

Louisiana Workers’ Compensation Law Changes 2012

By Denis Paul Juge, Esq., Juge, Napolitano, Guilbeau, Ruli, Frieman & Whiteley, djuge@wcdefense.com The following is a summary of the 2012 legislative amendments to the Louisiana Workers’ Compensation Act. The major law changes were at the urging of the business community. The OWC also sponsored...

Louisiana Workers’ Compensation Law Changes 2012

By Denis Paul Juge, Esq., Juge, Napolitano, Guilbeau, Ruli, Frieman & Whiteley, djuge@wcdefense.com The following is a summary of the 2012 legislative amendments to the Louisiana Workers’ Compensation Act. The major law changes were at the urging of the business community. The OWC also sponsored...

Applicant Had Vested Right to Vocational Rehabilitation, Statute of Limitations Tolled: Cal. Comp. Cases July Advanced Postings (7/4/2012)

Here’s the second batch of advanced postings for the July 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summary. © Copyright 2012 LexisNexis. All rights reserved. Los Angeles County Parks & Recreation, PSI, c/o Intercare...

California Workers' Comp Case Roundup (12/2/2012)

CALIFORNIA COMPENSATION CASES Vol. 77 No. 11 Nov. 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...

New Study on Why Workers Settle Their Workers’ Comp Claims

By Robin E. Kobayashi, J.D., LexisNexis Legal & Professional Operations, and Thomas P. Kieselbach, Esq., Cousineau McGuire Chartered, Minneapolis, MN The Minnesota Department of Labor & Industry’s (DLI) newly released survey on “ Workers’ Perspectives on Settlements and Hearings...

Ohio: Injured Employee Denied PTD Benefits When She Refused Vocational Rehabilitation Services

An Ohio appellate court held that the state’s Industrial Commission did not abuse its discretion in considering the employee’s refusal to participate in vocational rehabilitation as a factor in denying her request for PTD compensation where the employee failed to justify her non-participation...

Louisiana: Worker’s Indemnity Reduced by 50 Percent for Failure to Follow Rehabilitation Order

An injured worker’s unwillingness to participate in an adult education program in order to obtain his GED as part of an approved vocational rehabilitation program justified reducing the worker’s weekly indemnity benefits by 50 percent, held a Louisiana appellate court. The court noted that...

California: Dahl Reversed, Ability to Be Rehabilitated Key to Rebuttal of PDRS

The First Appellate District has issued its much anticipated decision in Contra Costa County v W.C.A.B. (Dahl) today. The court reversed the W.C.A.B. decision awarding 79% permanent disability in reliance upon vocation testimony holding that the expert testimony failed to meet the criterion set out in...

Virginia: Claimant Who Refused Job Interviews and Vocational Rehabilitation Appointments Denied Further Benefits

A Virginia appellate court held in relevant part that the state’s Workers’ Compensation Commission appropriately denied benefits to a claimant where evidence indicated he unjustifiably refused vocational rehabilitation services under Va. Code Ann. § 65.2–603. Claimant’s physician...

California: The Limited Use of Vocational Rehabilitation Evidence: The Shape of Things to Come Under Dahl

In Mesanovic v. Specialty Termite , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ’s finding that the applicant carpenter who suffered an industrial injury to his low back and psyche on 7/13/2007 did not rebut the diminished future earning capacity (DFEC) adjustment factor in the...

Vermont Workers' Compensation Update: January to March 2016

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. The Voice of The Department, Ellen Gonyaw, the receptionist, has retired after almost 9 years to move to Maine to open a campground. We all wish her well and hope she...

California: Labor Code Section 4662 and Vocational Experts

Labor Code Section 4662 was modified by the legislature in AB 1847 in 2014. Contrary to popular belief, it was not amended in SB 863. The older version of Section 4662, adopted in 2007, created the conclusive presumption of permanent total disability as follows: (Publisher’s Note: Citations...

Vermont Workers’ Compensation Update: April to June 2016

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Argentina Kearney has joined the Department of Labor staff as a Workers’ Compensation Specialist II starting May 16, 2016. Ms. Kearney has most recently been employed...