Month: November 2012

Nov 23, 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...

Arizona: Carrier May Not Suspend Benefits Where Claimant Indicates IME Will Be Recorded Arizona: Carrier May Not Suspend Benefits Where Claimant Indicates IME Will Be Recorded
Nov 21, 2012

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)]....

LHWCA: Ninth Circuit Agrees that Injury Was Caused By Intoxication, Not Concrete and Metal Slab Onto Which Claimant Fell LHWCA: Ninth Circuit Agrees that Injury Was Caused By Intoxication, Not Concrete and Metal Slab Onto Which Claimant Fell
Nov 19, 2012

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...

Getting Hurt “On the Job” Getting Hurt “On the Job”
Nov 16, 2012

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...

Oklahoma: Supreme Court Reverses Court of Appeals in “Substantially Certain” Case Oklahoma: Supreme Court Reverses Court of Appeals in “Substantially Certain” Case
Nov 15, 2012

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...

Indiana: Recent Decision Shows the General Strength of the Exclusivity Defense Indiana: Recent Decision Shows the General Strength of the Exclusivity Defense
Nov 14, 2012

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’...

New York: Failure to Disclose Injury in Professional Boxing Match Causes Forfeiture of Future Disability Rights New York: Failure to Disclose Injury in Professional Boxing Match Causes Forfeiture of Future Disability Rights
Nov 9, 2012

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...

Live From Las Vegas! Live From Las Vegas!