A Note From The Editor |
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Dear Workers' Comp Community:
9/11: Never forget!
Over 17.2 million Americans are telecommuters. Count me in. What about you?
To sign up for this free weekly eNewsletter, click here. To read past issues, access the archives.
Sincerely, Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
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mobile workforce |
The New Mobile Workforce: Telecommuters, Alternate Worksites, Traveling Employees, and "Extreme Mobile", by Stuart D. Colburn, Esq. The new mobile workforce raises many unique challenges in the world of workers' compensation. With respect to telecommuters, Larson's states: "When reliance is placed upon the status of the home as a place of employment generally, instead of or in addition to the existence of a specific work assignment at the end of the particular homeward trip, three principal indicia may be looked for: the quantity and regularity of work performed at home; the continuing presence of work equipment at home; and special circumstances of the particular employment that make it necessary and not merely personally convenient to work at home." Read more.
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Larson's on sick building syndrome |
Court Bars Medical Expert Testimony on Sick Building Syndrome, by Thomas A Robinson. It is axiomatic that reliance on lay testimony and administrative expertise is not justified when the medical question is no longer an uncomplicated one and "carries the factfinders into realms that are properly within the province of medical experts". On the other hand, just because a party has a purported export willing to testify as to the medical question at stake, that does not mean the expert is free to express his or her opinion; the opinion must be based generally upon generally accepted scientific and medical standards. Illustrating this important point, a Maryland appellate court recently...read more about this case and other cases on wrongful death, retaliatory discharge, and unexplained fall. |
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