Evaluation of and Differential Diagnosis Considerations for Erectile Dysfunction in Workers' Compensation Claims, by Stephen Levit, MD. The medical condition known as Erectile Dysfunction (ED) in men is defined as the inability to maintain a penile erection with sufficient rigidity to permit coitus for duration sufficient to satisfy that man and his partner. For workers' compensation claims cases, the major issue for resolution is whether the cause is related to the injury reported and accepted, or is a consequence of treatment.

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IMPORTANT NOTICE: This article will be provided free of charge to eNewsletter subscribers until March 11, 2011, after which you can access it for a fee on the LexisNexis services.

Longshore Act: Reasonable Hourly Rate Determination - Overview of Recent Decisions, by Yelena Zaslavskaya, Senior Attorney for Longshore, Office of Administrative Law Judges, U.S. Department of Labor, Washington, D.C.

Section 28 of the Longshore Act provides for an award of a "reasonable attorney's fee" to a prevailing claimant's attorney payable by employer. 20 C.F.R. Section 702.132(a) provides that a fee application must indicate the normal billing rate for each person who performed services on behalf of the claimant. The regula-tions further provide that any attorney's fee approved shall be reasonably commensurate with the necessary work done and shall take into account the quality of the representation, the complexity of the legal issues involved, and the amount of benefits awarded. In addition, case law addressing what constitutes a reasonable fee under other federal fee-shifting statutes is also applicable to fee determinations under the LHWCA. > Read more

Larson's Spotlight reports noteworthy workers' comp cases each week. This list was compiled by Thomas A. Robinson, a staff writer for Larson's Workers' Compensation Law, the nation's leading authority on workers' compensation law. 

 

 

 

 > Read the summaries & court decisions.

 

#1 -  IA: Attorney for Deceased Employee's Estate Fails in Attempt to Recover Fees Associated With Carrier's Subrogation Claim

 

#2 - NY: Police Officer's Injury Reaching Across Seat of Car to Retrieve Belongings Just Prior to Roll Call is Not Compensable

 

#3 - OH: Twenty-Seven Percent Impairment to Hand May Still Support Total Loss of Use

 

#4 - TX: Texas Employer's Failure to Advise Worker of Right to "Opt-Out" Does Not Defeat Exclusivity Defense

 

#5 - MO: Firefighter's Untimely Notice of Injury Does Not Defeat His Right to Coverage Under Employer's Basic Health Care Policy