Baker, Brewer & Marlow

05/08/23 • 51 min

A special treat of three published Court of Appeals cases in one week. Baker discusses the requirement for a Pleasant case to survive summary judgment in a civil proceeding. Brewer discusses the burden when it comes to the Parsons presumption. And Marlow allowed a civil case to survive summary judgment with a finding that the accident did not arise out of the employment - despite the employer already accepting the accident as compensable on a Form 60. Listen in to learn how these cases can impact your claim handling.

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Sturdivant 2.0

12 hours after the last episode published, the Court of Appeals came out with its revised decision in Sturdivant. The verdict? The 500-week cap on indemnity benefits is gone. I will discuss this decision and take a deep dive into what is actually left of the alleged pro-employer amendments that were made to the Act in 2011. I will also discuss what a veto-proof General Assembly can do to immediately address the problems that have arisen since those amendments were enacted 12 years ago.

Next Episode

Arising Out of The Employment (Idiopathic Conditions)

A claimant is walking down the hallway and falls. It matters as to whether she tripped over an object, her leg just gave way, she rolled her ankle or she has no idea how she fell. Some of these are compensable claims. Some are not. I will discuss the concept of an idiopathic condition and how it plays a role in a compensability analysis.