Month: March 2014

Mar 31, 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....

New York: Vehicle Owner Shielded from Contribution By Exclusive Remedy Defense New York: Vehicle Owner Shielded from Contribution By Exclusive Remedy Defense
Mar 28, 2014

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...

What A Difference a Word Makes: Illinois Court Remands Case Because Settlement Agreement Ambiguous What A Difference a Word Makes: Illinois Court Remands Case Because Settlement Agreement Ambiguous
Mar 21, 2014

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...

Virginia Court Requires Insurer to Provide Transportation to Doctor’s Office In Spite of Fact That It Already Paid to Modify Vehicle Virginia Court Requires Insurer to Provide Transportation to Doctor’s Office In Spite of Fact That It Already Paid to Modify Vehicle
Mar 13, 2014

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...

PA Court Refuses to Consider Independent, Board-Certified MD’s Opinion Because of Her Practice “Mix” PA Court Refuses to Consider Independent, Board-Certified MD’s Opinion Because of Her Practice “Mix”
Mar 10, 2014

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...

Minnesota High Court Says PTSD is No “Brain Injury” Minnesota High Court Says PTSD is No “Brain Injury”
Mar 7, 2014

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]....

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