Workers Comp Tidbits from Around the Globe

You’re busy, we know. So Roundtable has gathered the best and most compelling stories from the workers compensation world for you. Sit back, relax, and read about just those things that interest you, confident you won’t be missing important developments in compensation.

LexisNexis Communities Analyzes Motel Sex Case, Odd-Lot and More

The Workers Compensation Law Community Powered by Larsons on LexisNexis compiled a great newsletter evaluating the details of many current WC cases this week. Sign up for their newsletter here and get all this and more in your inbox.

Wacky World of Comp Sex Case Examined by Roberts

Cassandra Roberts, Esq., writes in her blog, about the Australian woman who received WC benefits for facial injuries sustained while having sex on a business trip. The Federal Court of Australia found that this injury was no different than any other that may happen on work time. Roberts’ three-part analysis looks at how Delaware might handle the case by examining state precedent in similar business trip injuries.

Spotlight Shines on Odd-Lot Doctrine, Exclusive Remedy, Retaliatory Discharge, and Disfigurement Award

Larson’s Spotlight takes a look at the odd-lot doctrine, which means 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 spotlight also examines these three cases:

1. From New York: Employer's Corporate Subsidiary Was Shielded by Exclusive Remedy Defense Where Injured Worker Worked Under Supervision of Both the Subsidiary and the Employer

2. In Texas: Evidence That Worker Was Terminated As Part of General Reduction in Work Force Held Sufficient to Defeat Worker's Retaliatory Discharge Action

3. In Delaware: Board's Facial Disfigurement Award Reversed Where Board Did Not Compare Severity of Scar with Other Similar Scars that Board Had Observed In Its Accumulated Experience

Juge Looks at Louisiana 2011 In Review

Denis Paul Juge, Esq. notes that while there were no major legislative changes in 2011, significant changes are expected in 2012. He urges those interested in Louisiana WC law monitor the legislative activity at here. Further, 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, he says. Read more of his noteworthy case developments here.

Max Comp Rate Determine By Date of Disability, Not Injury

Monica F. Markovich and Jonathan A. Tweedy discovered in Practical Application of Roberts vs. Sea-Land Services, Inc., that the date in which an injured worker is "newly awarded compensation" and its effect on the maximum compensation rate is defined differently than originally thought.

They write, “The following chart explains the practical application of the decision:

Injury causing immediate disability: Maximum compensation rate is based on date of injury.
Injury without immediate disability: Maximum compensation rate is based on first date of disability.
Injury where disability lasts more than 3 but less than 15 days: Maximum compensation rate is based on fourth day of disability, where the disability actually begins under Section 6(a).
Injury where initial disability lasts more than 3 but less than 15 days but a later period of disability occurs: Maximum compensation rate is initially based on fourth day of disability. If there is a later period of disability such that the total disability exceeds 14 days, then the maximum compensation rate would revert back to the first day of disability.”

Read more of the analysis here.

Community Blogs Shredding up The Net

Take a look at the work of these top WC blogs:

LexisNexis Workers' Comp Fraud Team, here.
Cassandra Roberts.
Paintballing, Wrestling and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware, here.

Longshore Seminar Coming up In New Orleans

Robert Wilson recently noted on WorkersCompensation.com there is an upcoming seminar for the National Workers' Compensation Defense Network (NWCDN). It will be June 6 and 7 in New Orleans.

Wilson writes that longshore topics and the related Jones act “are not as ‘well traveled’ as others in the conference arena. In fact, I am hard pressed to remember any conference where an emphasis was put on these areas. If these jurisdictions are within your realm of interest, I would suggest you look into attending.”

For more information about the seminar, look here.

Note: If your company has any developments you'd like to share, please send them to us at: [email protected]

Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. She is the author of the #1 selling book on cost containment, Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: [email protected].

WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com
MODIFIED DUTY CALCULATOR: www.LowerWC.com/transitional-duty-cost-calculator.php

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.