Monthly Archives: November 2012

Arizona: Carrier May Not Suspend Benefits Where Claimant Indicates IME Will Be Recorded

An Arizona appellate court recently held, as a matter of law, that a workers’ compensation claimant who expressed an intention to record an independent medical examination (“IME”), in the absence of any prior communication about recording, had not committed a … Continue reading

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LHWCA: Ninth Circuit Agrees that Injury Was Caused By Intoxication, Not Concrete and Metal Slab Onto Which Claimant Fell

Under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), no compensation is payable “if the injury was occasioned solely by the intoxication of the employee” [see 33 U.S.C. § 903(c)]. In Schwirse v. Director, Office of Workers’ Comp. Programs, 2012 … Continue reading

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Getting Hurt “On the Job”

As I’ve mentioned in my last several posts, a bit more than a week ago, I enjoyed being part of three panel discussions at the 21st Annual National Workers’ Compensation and Disability Conference® & Expo in Las Vegas. After the … Continue reading

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Oklahoma: Supreme Court Reverses Court of Appeals in “Substantially Certain” Case

In what will likely be one of the last cases to be heard under Oklahoma’s court-crafted version of the “substantially certain” rule [see Larson’s Workers’ Compensation Law, § 103.04[2][e]] that allows an injured employee to sue the employer for an … Continue reading

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Indiana: Recent Decision Shows the General Strength of the Exclusivity Defense

Last week, at the 21st Annual National Workers’ Compensation and Disability Conference® & Expo, in Las Vegas, I was happy to be part of a panel discussion regarding the “Future of Exclusivity.” Among the questions that we discussed related to … Continue reading

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New York: Failure to Disclose Injury in Professional Boxing Match Causes Forfeiture of Future Disability Rights

A New York appellate court, in Martinez v. Lefrak City Mngmt., 2012 N.Y. App. Div. LEXIS 7330 (3rd Dept., Nov. 8, 2012), recently affirmed a finding by the state’s Workers’ Compensation Board that ruled a claimant, whose day job was … Continue reading

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Live From Las Vegas!

4:30 PM (Pacific) I’m sorry that it’s been a couple of weeks since my last post. It isn’t that my mind has been on matters other than workers’ compensation. In fact, particularly during the past ten days, I’ve spent even … Continue reading

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