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Vol. 4, Issue 45

Find Solutions & Strategies                        November 11, 2013

Workers' Comp Doctrines in the Tort Arena
 
Borrowed legal doctrines don't really fit
In This Issue
-WORK COMP DOCTRINES
-LARSON'S SPOTLIGHT ON RECENT CASES: Falls, PTSD, Exclusivity, Aggravation
-TOP BIZARRE CASES
-NEW BOOK! WORKERS' COMP EMERGING ISSUES
-LN NEWSROOM BLOGS
-NATIONAL & STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From the Editor

Robin Kobayashi 2010 

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
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workers' comp doctrines in tort arena

Tom Robinson thumbnailUse 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

Tom Robinson thumbnailLarson'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

Top 10 BizarreAs 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.

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*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
Fraud SignWorkers' Comp Fraud Blotter: Bird Sanctuary Found Arrested for Operating Without Workers' Comp Insurance. Read it and other news items.    
  
  
  
  
Martin KlugMissouri: Children of Deceased Worker Awarded Lifetime Schoemehl Benefits, by Martin Klug, Esq. Read it.
national & state news

National & State-by-State News on the Free Web: 

 

OSHA Proposes Rule to Improve Tracking of Workplace Injuries.

FDA Takes Action to Speed Safety Information Updates on Generic Drugs.

New FDA Rule Could Open Up Generic Drug Makers to Lawsuits.

CA: Federal Judge Plans to Enjoin Lien Activation Fee, Scope of Order Unknown.

CA: CAAA Urges Audits of Insurers Repeatedly Delaying/Denying Medical Care.

CA: Applicant's Attorney Marvin Shapiro Passes Away.

CA: Dorsett Diagnosed With Brain Disease After WCAB Rejected Claim.

CA: Governor Appoints New Labor Secretary.

CA: WCIRB Previews Upcoming Changes to Manuals, Rating Plans.

CO: Pinnacol Assurance Board Names New CEO.

DE: OWC Proposes Rule Change re AWP for Pharmacy Fees.

IL: IWCC Clarifies Filing Notice of Intent to File for Review, Downstate 19(b) Petitions.

IN: WCB Posts Second Injury Fund Status Report.

IA: Op-Ed Says Readers Misled of Commissioner Godfrey's Record, Achievements.

KS: DWC Adopts Permanent Rule re Medical, Hospital Services Fees.

KY: DWC Posts New Discount Rate for Lump Sum Settlements.

LA: OWC Proposes Rule Change for CPT, HCPS Codes.

LA: NCCI Recommends 5% Decrease in Workers' Comp Rates.

NY: WCB Files Emergency Rule re Annual Assessments.

NY: WCA Posts Feedback on WCB's "Business Process Re-engineering" Initiative.

OH: BWC Statistics Show 5,000+ Amputations Since 2005.

OR: WCD Considers Penalty Changes for Noncomplying Employers.

OR: WCD Posts 3rd Quarter 2013 Fatality Report.

OR: DCBS Reports 18,631 Accepted Disabling Claims for 2012.

PA: High Court Upholds State Trooper's PTSD After Tragic Car Accident.

SC: WCC Approves Proposed Changes to Lump Sum Payments.

TX: DWC Approves 10 Companies to Self-Insure for Workers' Comp.

TX: DWC Posts 2014 PBO Insurance Carrier Methodology Paper.

ENEWSLETTER ARCHIVES

ArchivesTake 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.

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