LexisNexis® Legal Newsroom
Discoverable Witness Statements in California

In a March 4, 2010 published opinion by California's Fifth Appellate Court District, plaintiffs in a wrongful death case were granted discovery of witness statements taken by investigators employed by Defendant State of California, who were acting on the direction of defense counsel. The defense...

Importance of Engaging in Interactive Process Emphasized by Recent Trial Court Verdicts

A recent $1.5 million jury verdict in a Northern California Federal Court, applying the California Fair Employment and Housing Act to a Tennessee Corporation doing business in California, found that the Defendant retailer had failed to engage in the interactive process required by FEHA. The interactive...

The Original Hoey Displaced Worker: Jewell Hoey Is Still Good Law Here In the First State

Okay, Sean Gambogi of the Kimmel, Carter, Roman & Peltz (did I leave anyone out?) firm, this one's for you. This year marks the 20th anniversary of the case of Jewell Hoey v. Chrysler and for those of you who think of me as a defense attorney.....I represented Jewell Hoey and created the Hoey...

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 EAMS: Issues to Consider Before Submitting Your Settlement Docs

By Colleen S. Casey Copyright © 2012. All rights reserved. Listed below are several issues to consider before submitting a document for approval by a workers’ compensation judge (WCJ). Walk Through Document Defined: A “walk-through” document is defined by 8 CCR §10280...

California EAMS: Issues to Consider Before Submitting Your Settlement Docs

By Colleen S. Casey Copyright © 2012. All rights reserved. Listed below are several issues to consider before submitting a document for approval by a workers’ compensation judge (WCJ). Walk Through Document Defined: A “walk-through” document is defined by 8 CCR §10280...

Injured Workers Hire Attorneys Due To Lack of Employer Communication

Employers, in their efforts to control workers’ compensation claim cost, often go to great lengths to manage their safety program, provide medical management, and analyze data. Employers also often incorporate computer programs with the latest technology in their quest for work comp cost control...

Workers’ Compensation, Return to Work, and the Americans with Disabilities Act

Best practices for complying with the spirit and law of the Americans with Disabilities Act as amended in 2009 Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter Employers dealing with injured workers are often preoccupied in the early stages of the...

Vermont Workers' Compensation Update: October to December 2015

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Charanko long term WC Specialist II has retired, but she is not going far as she is going to continue her work at the Department as a “temp” for the...

Arkansas: Commission Resolves Conflicting Medical Evidence Against Employee

An Arkansas appellate court affirmed a decision by the state’s Workers’ Compensation Commission that denied an employee additional medical benefits for continued pain management where the court said the Commission considered the medical evidence, some of which was in conflict, and gave greater...