While the facts that follow are from an actual case in another jurisdiction, substantive workers’ compensation laws and legal doctrines are very similar from state to state. Names and location have been changed to help facilitate an objective look at facts and legal doctrine. How would you decide if the following case came before you […]

How Would You Decide: Florida Worker’s Refusal of “Sheltered Employment” Was Not Reasonable? Here’s What Happened: Claimant, a commercial housekeeper, suffered a compensable injury to her right (dominant) shoulder, underwent surgery, and was placed on no-work status for approximately one week. Subsequently, claimant’s authorized orthopedist returned claimant to work with significant restrictions relative and recommended three […]

Traditional notions of insurance are nearly extinct, and the brave new world of retained risk has given new meaning to the notion of self-insurance as commercial consumers become the majority, and often exclusive, stakeholders in the financial outcome of claim exposures. One might argue that, except in the case of a catastrophic loss, true insurance […]