| the fog of adequacy |
 The Fog of Adequacy, by Stephen Embry, Esq. The driving force of the law is fear, which promotes dispute resolution. In the ordinary course of human affairs disputes and controversies arise and are resolved informally. It is rare that the dispute leads to the formal procedures of litigation, and even then the fear and uncertainty regarding the fog of the future usually works to promote the compromise needed to settle the disputes. A matter that must be tried to conclusion and decided by a third party represents the failure of the system rather than its success. Read more.
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larson's spotlight: scheduled award, medical expenses, exclusivity, seaman |
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 Larson's Spotlight on Interesting Cases, by Thomas A. Robinson, JD
Alabama: Benefits Limited to Scheduled Award Where No Other Body Part Involved. An Alabama appellate court recently reversed a state court's judgment awarding compensation to an employee based on its determination that his work-related injury affected the employee's body as a whole, rather than being limited to his knee...read more.
Colorado: Hotel and Restaurant Expenses for Out-of-Town Medical Treatment Need Not Be Advanced. Hotels and restaurants patronized by a workers' compensation claimant during authorized travel out-of-town...read more.
New York: Removal of Safety Screen Was Insufficient to Support Intentional Tort. A divided New York appellate court, applying the exclusive remedy provisions of the New Jersey Workers' Compensation Act...read more.
Texas: Oil Well Maintenance Worker Was Not a "Seaman" Under Jones Act. A oil-rig "floorman," whose duties included assembling, cleaning, and disassembling blowout preventers and....read more. |
The Fog of Adequacy 
Daddy's Girl, Part 2...DE Superior Court Affirms IAB Ruling on Statute of Limitations, by Cassandra Roberts, Esq. 
California: The Critical Nature of Compensable Consequences. Unique rules apply under the SB 863 reforms for identifying and processing injuries that are a compensable consequence of the original industrial injury. 
Workers' Comp Fraud Blotter: Facebook Photos Show Disabled Worker Able to Work
