Industry Insights
Langham: Kentucky, Stare Decisis and Noncompliance Standards | 07/13/2016 | ||
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An interesting opinion of the Kentucky Supreme Court came to my attention recently. The May 5, 2016, decision in Halcomb v. American Mining is worthy of a read. But a read is all it is worth, because though the court's lengthy analysis brought closure to this case, it is arguab...Read More | |||
Langham: A Conundrum of Medicine | 06/28/2016 | ||
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Years ago, I was called upon to defend a malpractice case brought by a former prisoner. He alleged that during his incarceration he had presented himself to a correctional facility infirmary for medical care. Following his discharge, he had received a different diagnosis than was rendered du...Read More | |||
Langham: A Simple Method for Expeditious Care | 06/21/2016 | ||
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I ran across a workers' compensation case years ago. The worker had developed a mass or cyst on the top of her hand. She was fortunate to work for a company that provided benefits, and therefore she had access to a generous health insurance plan. She was also fortunate (or not) to be covered ...Read More | |||
Langham: Westphal Is Over, But Questions Remain | 06/10/2016 | ||
By: David Langham | |||
State: FL | Segment: Top | 0 | |||
On June 22, 2014, injured worker Bradley Westphal tried his case against the City of St. Petersburg. The decision was appealed and the First District Court of Appeal departed from its own earlier analysis and reinterpreted Fla. Stat. 440.15(2). The specific context is Fla. Stat. 440.15(2)(a), tit...Read More | |||
Langham: The Devil Is in the Definitions | 06/03/2016 | ||
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We put a great deal of emphasis on quantifying things. We classify, define, count and report. It is a natural outgrowth of the modern era, the availability of data, the increasingly availability and decreasing cost of computers and software. Gathering and interpreting data has become simpler and ...Read More | |||
Langham: A Lesson in Appellate Practice | 05/25/2016 | ||
State: FL | Segment: Top | 0 | |||
Last Friday, the Florida First District Court of Appeal rendered a decision in O'Conner v. Indian River County. It is worthy of review because it can provide broader edification and guidance than perhaps perceived at first glance. ...Read More | |||
Lynch: It's a Colorado Rocky Mountain Low | 05/24/2016 | ||
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Since 2003, when Julie Ferguson and I created Workers’ Comp Insider, we’ve tried to keep bias off the keyboard. Careful objectivity is “a consummation devoutly to be wished.” For reasons you’ll understand as you read, I want to assure readers that i...Read More | |||
Langham: Kentucky's Great Purge | 05/13/2016 | ||
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Change is happening in Kentucky. I was privileged to speak at their recent celebration of 100 years of workers' compensation in April. These centennial celebrations are going to be happening in a several states during this decade, and it is good to see people acknowledging the role worke...Read More | |||
Langham: Stahl Is Over in Florida | 05/02/2016 | ||
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There was ample excitement in Florida workers' compensation in April. On April 20, the Florida First District Court of Appeal decided Miles v. City of Edgewater Police. On April 28, not to be outdone, the Florida Supreme Court decided Castellanos v. Next Door Company. ...Read More | |||
Langham: 'Psychosomatic' Illnesses | 04/18/2016 | ||
State: FL | Segment: Top | 0 | Popular with Insurance | |||
The British Broadcasting Corporation (BBC) recently published a piece titled "The Very Real Pain of Imaginary Illness." The headline caught my eye. A great many of the cases that appear in workers' compensation venues around the country involve deciding the extent of disability or i...Read More | |||