Monthly Archives: August 2013

Oregon: AWW Must Include “Subsistence Allowance” and Travel Pay for California Brick Mason

An Oregon appellate court recently affirmed a decision by the state’s Workers’ Compensation Board that concluded claimant’s subsistence and travel pay were “wages” for purposes of determining claimant’s TTD benefits under ORS 656.210(1) [SAIF Corp. v. Sparks, 2013 Ore. App. … Continue reading

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New Hampshire: Intoxication, Without Showing of Causation, Is Insufficient to Defeat Comp Claim

Reiterating an important point, that in order to defeat a workers’ compensation claim it is generally insufficient to show that the injured worker was intoxicated at the time of the injury–the employer/carrier must also prove a causal connection between the … Continue reading

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Texas: No Arbitration Where Employer Could Not Show Employee Had Notice of Arbitration Agreement

Notice of the Texas non-subscribing employer’s occupational injury benefit plan was insufficient by itself to show that an employee had notice of an arbitration agreement referred to therein since the arbitration agreement was a separate document, not signed by the … Continue reading

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Oklahoma: Chiropractors May Not Offer Expert Testimony as to Psychological Overlay

The Supreme Court of Oklahoma recently held that a chiropractor is not qualified as an expert in diagnosing psychological illnesses such as depression. Accordingly, the report of a chiropractor as an expert in the field of psychology, as to a … Continue reading

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Colorado: Hotels and Restaurants Are Not “Medical Providers”

A Colorado appellate court recently held that hotels and restaurants that a workers’ compensation claimant patronized during authorized travel to obtain treatment by a specialist were not “medical providers” as defined by § 8–42–101(4), C.R.S. (2012). Accordingly, the carrier need … Continue reading

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10th Circuit: Under Collateral Source Rule, Evidence of Discounted Med Pay to Medical Providers By Workers’ Comp Payer May Not Be Considered By Jury

In a complex medical malpractice diversity action involving multiple issues, the Tenth Circuit Court of Appeals recently affirmed a federal district court’s judgment on a $7 million verdict in favor of an injured plaintiff, and reversed the district court’s remittitur … Continue reading

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Pennsylvania: 5-Minute Deviation Defeated Workers’ Comp Claim

Some years ago, my mentor, Arthur Larson, when commenting upon the issue of deviations within the workplace, wrote that courts generally recognize “that human beings do not run on tracks like trolley cars” [Larson’s Workers’ Compensation Law, § 17.06[3]]. That … Continue reading

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Ninth Circuit Construes Longshore Act’s Intoxication Defense Provisions

The Longshore Act provides that no compensation shall be payable if the injury “was occasioned solely by the intoxication of the employee” [33 U.S.C.S. § 903(c), emphasis added]. The Ninth Circuit Court of Appeals recently denied review of a Benefits … Continue reading

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