|
|
|
Find Solutions & Strategies November 11, 2013 |
|
Workers' Comp Doctrines in the Tort Arena
Borrowed legal doctrines don't really fit |
|
A Note From the Editor |
|
Dear Work Comp Community:
Next week is the National Workers' Comp Conference. Hope to see you there! To sign up for this free weekly eNewsletter, click here.
Sincerely, Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
|
Register Today |
|
Register Today. Visit LexisNexis Booth #1753. |
Defense Attorneys: Don't Keep Your Clients in the Dark...Buy Now and Save $100 |
|
Teach them how to control their workers' compensation costs!
Publisher: Amaxx Risk Solutions |
|
workers' comp doctrines in tort arena |
Use of Workers' Comp Doctrines Within Tort Arena: Borrowed Legal Doctrines Don't Really Fit, by Thomas A. Robinson, JD. During a conversation years ago with my mentor and friend, Arthur Larson, I asked him if there were special challenges in teaching workers' compensation law. Arthur allowed that there were indeed several, but that perhaps the most difficult challenge, particularly early in the course of any semester, was to cajole the law students into an understanding that workers' compensation law is not a branch or subset of tort law [see Larson's Workers' Compensation Law, §§ 1.02, 1.03]. Indeed, Arthur added that on those multiple occasions in which workers' compensation law had borrowed concepts or doctrines from the tort law arena (e.g., the "substantially certain" test-see Larson, § 103.04[2]), the result had seldom been satisfactory. "Borrowed legal doctrines are like borrowed coats," said Arthur. "They work to a degree, but they don't really fit." Read more.
|
 |
larson's spotlight on recent cases |
Larson's Spotlight on Recent Interesting Cases, by Thomas A. Robinson, JD
AR: Court Rejects Employer's Contention That Preexisting Condition or Hydrocodone Medication Was Cause of Employee's Falls. Benefits were awarded to an employee who contended she sustained a serious knee injury when she mysteriously fell three times at work...Read it.
PA: High Court Reverses Lower Court Decision That Denied State Trooper's PTSD Claim. In Pennsylvania, to establish a so-called "mental-mental" injury claim, the employee must demonstrate that the injury resulted from "abnormal working conditions"...Read it.
WV: Intentional Tort Exception to Exclusivity Applies to Employers Only, Not Co-Employee Supervisors. Answering a certified question presented by a U.S. District Court regarding whether a "deliberate intent" cause of action pursuant to...Read it.
NC: Cautious Medical Testimony Dooms Employee's Claim of Aggravation Injury. A physician's indication that it was "as likely as not" that an employee's neck and shoulder injury was causally connected...Read it. |
 |
top 10 bizarre cases cited by npr |
As you know Thomas A. Robinson writes a popular blog post each year called Top 10 Bizarre Workers' Comp Cases. NPR recently interviewed Nik Wallenda who walked across Niagara Falls on a tightrope and asked him to play a game called Whoops! about unusual workers' comp claims identified by Robinson. Listen to or read it here. BTW, Robinson's 2013 top picks will be published in early January, and I can tell you now that there are some zingers in there that'll make you shake your head.
|
|
 |
 |
 |
50 STATE TRENDS AND LEGISLATION |
Special Discount Price $79*; Books shipping now!
"An excellent resource for tracking national and state trends..."
-Paul Salafia, Esq., Devine, Millimet & Branch, Manchester, NH
Keep track of how the workers' comp landscape is changing with this 400+ page compendium. Here's what you get:
A 50 state survey at a glance of workers' comp-related legislation, including selected drug bills, with commentary from 27 defense attorneys, 16 claimant's attorneys, and National expert Thomas A. Robinson
In-depth analysis and insight on key issues, including exclusive remedy, medical marijuana, opt outs, Affordable Care Act & much more
Larson's Spotlight on interesting cases for 2013, written by Thomas A. Robinson
View the brochure & table of contents.
View sample pages.
Order online or contact Christine Hyatt at ph. 937-247-8166, or Email: Christine.E.Hyatt@lexisnexis.com.
PROMO CODE: WCEIA
*Price does not include sales tax, shipping or handling. Price subject to change without notice. Discount cannot be combined with other offers. Expires 12/31/2013. |
 |
lexisnexis legal newsroom blogs |
Workers' Comp Fraud Blotter: Bird Sanctuary Found Arrested for Operating Without Workers' Comp Insurance. Read it and other news items.
Missouri: Children of Deceased Worker Awarded Lifetime Schoemehl Benefits, by Martin Klug, Esq. Read it. |
 |
 |
 |
ENEWSLETTER ARCHIVES |
 Take a deep dive into our past eNewsletters for 2013 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.
November 4, 2013: Workplace-Related Anxieties.
October 28, 2013: Meddlin' With Settlin'.
October 21, 2013: Workplace Wellness and Profitability.
October 14, 2013: Behind the Numbers: Workers' Comp Costs for Employers.
October 7, 2013: Workers' Comp Prescription Drug Costs.
ACCESS 2010-2013 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 © 2013 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. |
|
|
|