Author Archives: Thomas A. Robinson

Recent Kansas AMA Guides Decision: Would the Court Prefer a Fault-Based System?

Jettisoning the Bath Water—Does the Baby Remain? As someone who has, for the past 32 years, earned the bulk of his living reading—I’ll admit, often only skimming—some 2,500 appellate decisions each year in our field of workers’ compensation law, and … Continue reading

Posted in Case comment, Issue commentary | Tagged , , , , , , , | 1 Comment

Kansas Court Strikes Down Use of AMA Guides 6th Ed.

Decision Reinstates 4th Edition for Workers’ Comp Disputes In a decision that quotes, among other authority, Linda Loman, wife of Willy Loman, of Arthur Miller’s Death of a Salesman, the Court of Appeals of Kansas earlier today struck down as … Continue reading

Posted in Case comment | Tagged , , , , , | 3 Comments

Alabama Accountant’s Fatal Shooting by Disgruntled Former Client Found Compensable

In a case with a bizarre fact pattern, an Alabama appellate court affirmed an award of workers’ compensation death benefits to the surviving spouse of an accountant who was stalked and then shot to death because her assailant blamed the … Continue reading

Posted in Case comment | Tagged , , , , , , | Leave a comment

The Real Reason LeBron is Moving to the Lakers!

There are some who point out that LeBron is getting ready to pay the highest taxes in his life (with a $154 million contract, he can afford it), that he should have gone to one of the Florida or Texas … Continue reading

Posted in Issue commentary | Tagged , , , | 1 Comment

Oklahoma High Court OKs Use of “Current Edition” of AMA Guides

Conflict with PA’s Protz Decision is Only on the Surface The sections of Oklahoma’s Administrative Workers’ Compensation Act (AWCA) that require use of the “current edition” of the AMA’s Guides to the Evaluation of Permanent Impairment to determine PPD do … Continue reading

Posted in Case comment | Tagged , , , , , , , | Comments Off on Oklahoma High Court OKs Use of “Current Edition” of AMA Guides

Kansas Claimants’ Attorneys Face “Catch-22” in Appellate Work

No Provision for Court-Ordered Fees on Appeal The Court of Appeals of Kansas recently reiterated that because of what amounts to a “Catch-22” in state law and appellate rules, an attorney representing a workers’ compensation claimant may not be awarded … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Kansas Claimants’ Attorneys Face “Catch-22” in Appellate Work

Maine Employer Need Not Pay for Injured Worker’s Medical Marijuana

In a case of first impression within the state, the Supreme Judicial Court of Maine, in a 5-2 decision, Bourgoin v. Twin Rivers Paper Co., LLC, 28 ME 77 (June 14, 2018), held that an employer may not be required … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Maine Employer Need Not Pay for Injured Worker’s Medical Marijuana

California: Use of Preprinted C & R Form Does Not Waive Claims Outside Workers’ Comp Context

A California appellate court found a state trial court committed error when it granted summary judgment to an employer in an employment discrimination case filed by a former employee based on its finding that the former employee had released the … Continue reading

Posted in Case comment | Tagged , , , , , | Comments Off on California: Use of Preprinted C & R Form Does Not Waive Claims Outside Workers’ Comp Context

Texas Insurer Barred from Going After Third-Party Settlement Proceeds

Where a worker’s compensation insurance policy contained a clause in which the carrier waived its right to recover from any third party sued by the injured employee, that clause also prevents the carrier from recovering from the injured employee, once … Continue reading

Posted in Case comment | Tagged , , , , , , , , | 2 Comments

Kansas Worker Gets No Benefits For Early Morning Injuries While Walking to Hotel

A Kansas roofer, who sustained catastrophic injuries when he was struck by a drunk driver as the roofer walked from a bar to his hotel at 2:20 a.m., could not recover workers’ compensation benefits for his injuries.  The roofer’s injuries … Continue reading

Posted in Case comment | Tagged , , , , , , , | Comments Off on Kansas Worker Gets No Benefits For Early Morning Injuries While Walking to Hotel