|
|
|
|
|
|
Find Solutions & Strategies April 30, 2012 |
|
|
 The Australian Motel Sex Injury Case
Would your state award workers' comp benefits in a similar situation? | |
|
| A Note From The Editor | |
| |
Dear WC Professionals:
This issue of the eNewsletter is dedicated to Michele Vivona, who passed away suddenly and tragically on April 21. Considered a legend at LexisNexis, Michele was a leader and innovator of the LexisNexis Communities, including our Workers' Comp Law Community. She will be greatly missed.
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
|
|
In Memoriam |
Sr. Vice President Global Web Strategy LexisNexis | |
|
|
Free eNewsletter |
To sign up for this free weekly eNewsletter, click here. | |
|
|
|
sex injury case | |
Cassandra Roberts, Esq., in her Delaware Detour & Frolic blog, recently addressed "the goings on elsewhere in the wacky world of comp" -- specifically, the Australian worman  who received workers' comp benefits for facial and psychological injuries sustained during an overnight business trip when a glass light fixture fell off the motel wall while she and her male companion were having sex. The Federal Court of Australia, in PVYW v. Comcare, held that: "If the applicant had been injured while playing a game of cards in her motel room she would be entitled to compensation even though it could not be said that her employer induced or encouraged her to engage in such an activity. In the absence of any misconduct, or an intentionally self-inflicted injury, the fact that the applicant was engaged in sexual activity rather than some other lawful recreational activity while in her motel room does not lead to any different result." How would your state handle a similar case? You can read Roberts' three-part blog focusing on Delaware: Read her first blog; Read her other two blogs. |
 |
| Larson's spotlight: odd-lot | |
Claimant With Bilateral Carpal Tunnel Syndrome Found Totally and Permanently Disabled Under Odd-Lot Doctrine, by Thomas A. Robinson. Under the odd-lot doctrine, total disability may be found in the case of workers who, while not altogether incapacitated for work, are so handicapped that they will not be employed regularly in any well-known branch of the labor market. The essence of the test is the probable dependability with which a claimant can sell his or her services in a competitive labor market, undistorted by such factors as business booms, sympathy of a particular employer or friends, temporary good luck, or the superhuman efforts of the claimant to rise above his or her crippling handicaps. In that regard, the Nebraska Court of Appeals recently affirmed a decision...> Read more about this case and other noteworthy cases. |
|
|
louisiana workers' comp | |
 Louisiana Workers' Compensation: 2011 Year in Review (and the Year Ahead), by Denis Paul Juge, Esq. Louisiana Workers' Compensation, Second Edition (LexisNexis), 2011 updates have shipped to customers. While there were no major legislative changes in 2011, significant changes are expected in 2012. Monitor the legislative activity this spring by logging onto the legislative website at http://www.legis.state.la.us/. Hearing Rules: The OWC has promulgated the new hearing rules that include limitations on the trial continuance by consent and provides for the stay of a suit if good cause is shown. > Read more.
|
|
|
longshore act: roberts v. sea-land | |
 Practical Application of Roberts vs. Sea-Land Services, Inc., by Monica F. Markovich and Jonathan A. Tweedy. On March 20, 2012, the U.S. Supreme Court rendered its decision in the Roberts vs. Sea-Land Services, Inc.,holding that the maximum compensation rate is determined by the first date of disability and not the date of injury. At issue is Section 6(c) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C.S. § 906(c)); specifically, the date in which an injured worker is "newly awarded compensation" and its effect on the maximum compensation rate. > Read more.
|
|
 |
 |
| blogs at the lexisnexis workers' comp law community |
 Workers' Comp Fraud Blotter: Carrier Collected Workers' Compensation Benefits While in Jail, by LexisNexis Workers' Compensation Law Community Staff. Read it.
A  Roll in the Hay: Delaware's Horseplay Defense and Australia's Sex Romp Case Revisited, by Cassandra Roberts, Esq. Read it.
Paintballing, Wrestling, and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware, by Cassandra Roberts, Esq. Read it.
|
|
|
 |
|
|
|
|
|
ENEWSLETTER ARCHIVES |
Take a deep dive into our past eNewsletters for 2012 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.
April 23, 2012: Will the SMART Act Pass This Year?
April 16, 2012: The Battle Beween RICO and Exclusive Remedy.
April 9, 2012: Aggressive Surveillance of Injured Worker's Family.
April 2, 2012: Intoxication Presumption.
March 26, 2012: U.S. Supreme Court Decides Roberts (LHWCA case).
March 19, 2012: Recent Medicare Set-Aside Changes.
March 12, 2012: SCOTUS Hears Roberts Oral Argument.
March 5, 2012: The Defense of Intentional Self-Injury.
February 27, 2012: Workers' Comp Reform: Spotlight on North Carolina.
February 21, 2012: Workers' Comp Reform: Spotlight on Illinois.
February 13, 2012: Exclusivity & Intentional Torts Under LHWCA.
February 6, 2012: Chronic Pain Treatment: New Attitudes and Alternatives.
January 30, 2012: Impact of Workers' Comp Reform: NY and CA.
January 23, 2012: Economic Costs of Occupational Injuries.
January 17, 2012: U.S. Supreme Court Decision on Outer Continental Shelf.
January 9, 2012: Top 10 Bizarre Cases for 2011.
January 2, 2012: 10 Myths and Facts About Workers' Compensation.
ACCESS 2010-2011 ARCHIVES AND ARTICLES LIST HERE. |
|
LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.
Privacy & Security Copyright © 2012 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. |
|
|
|
