Monthly Archives: March 2014

New York: Vehicle Owner Shielded from Contribution By Exclusive Remedy Defense

Answering a question certified to it by the U.S. Court of Appeals (2nd Circuit), the Court of Appeals of New York, in Isabella v. Koubek, 2014 N.Y. LEXIS 569 (Mar. 27, 2014), recently held that a defendant may not pursue … Continue reading

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What A Difference a Word Makes: Illinois Court Remands Case Because Settlement Agreement Ambiguous

Characterizing the language of a workers’ compensation settlement agreement that included a provision for a Medicare set-aside annuity (MSA) as “sloppy” and “imprecise” and quoting novelist Vladimir Nabokov’s advice to writers, “have the precision of a poet,” an Illinois appellate … Continue reading

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Virginia Court Requires Insurer to Provide Transportation to Doctor’s Office In Spite of Fact That It Already Paid to Modify Vehicle

It is one thing to modify an injured employee’s vehicle so as to accommodate his wheelchair or scooter. It is quite another to provide the employee with necessary transportation assistance in getting to his or her doctor. That such modifications … Continue reading

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PA Court Refuses to Consider Independent, Board-Certified MD’s Opinion Because of Her Practice “Mix”

When is the opinion of a board-certified (occupational medicine) physician, with years of experience and special training in the utilization of the AMA Guides, and who has performed numerous Impairment Rating Evaluations (IREs) under both the 5th and 6th editions … Continue reading

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Minnesota High Court Says PTSD is No “Brain Injury”

Reiterating the Minnesota rule that so-called “mental-mental” injuries–mental injuries associated with mental stimulus, as opposed to physical stimulus–are not compensable and that it is for the state’s legislature, and not its courts, to change the rule, the Supreme Court of … Continue reading

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Benign Neglect: Can Failure to Follow Doctor’s Advice Be Fatal to Injured Worker’s Claim?

Within the workers’ compensation arena, it is axiomatic that the medical consequences and sequelae that flow from the primary injury are themselves compensable. [see Larson’s Workers’ Compensation Law, § 10.01]. It is uniformly held, therefore, that aggravation of the primary … Continue reading

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