Five Recent Cases You Should Know About (5/13/2011)

Larson's Spotlight on Firefighters and Cancer, Medical Causation, Fact Finder, Spider Bite, and Fraud. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below....

Texas: City of Port Arthur v. Brown

This case [ 2011 Tex. App. LEXIS 7881 ] concerns when a jury can disregard the testimony of the only expert who provided opinions or testimony to a jury. Tanner Brown was a City of Port Arthur (City) employee injured during a low-impact collision while riding in a city-owned vehicle. The injured worker...

Missouri: Noxious Smoke and Fumes at Work Caused Myelomas

Noxious fumes and yellow smoke caused claimant's non-Hodgkin's lymphoma (multiple myelomas) and made him unemployable, according to a new decision from the Court of Appeals, which affirmed an award of PTD benefits. The award included safety penalties and past medical benefits for over $734...

Missouri: Arthritic Findings Defeat Causation on Shoulder Case

A claimant must demonstrate not only that he had an "accident" but also an "injury." An injury is not compensable unless the accident was the prevailing factor in both the medical condition and disability. Claimant had an "accident" at work in 2010 when his right shoulder...

I’ll Take Mine With Icing: A New Spin on Daubert in Delaware

My Daddy, who I lost the week before I started law school, always used to say "Jack of all trades, master of none." Maybe that's why my practice has been limited to work comp and that alone these last 30 plus years. Today's post is interesting in that it seems to be yet another...

I’ll Take Mine With Icing: A New Spin on Daubert in Delaware

My Daddy, who I lost the week before I started law school, always used to say "Jack of all trades, master of none." Maybe that's why my practice has been limited to work comp and that alone these last 30 plus years. Today's post is interesting in that it seems to be yet another...

Larson’s Spotlight on Recent Cases: Court Bars Medical Expert Testimony on Sick Building Syndrome

Larson's Spotlight on Sick Building Syndrome, Wrongful Death and Exclusive Remedy, Retaliatory Discharge, and Unexplained Fall. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has...

OHIO: Lapse of Time Between Incident and Treatment Amplifies Need for Expert Testimony on Causation

It is often said that just as the “instantaneous nature of an observed causal progression is a familiar element in cases dispensing with medical testimony, so a delay between the accident and the symptoms, disability or death diminishes any such self-evident causal relation [Larson’s Workers’...

Tennessee: Appellate Court Overturns Findings That Heat Exhaustion Resulted in Permanent Disability

Acknowledging that the trial court has substantial discretion in weighing the evidence, including the medical evidence, but noting as well that where all the medical evidence was in the form of deposition, the reviewing court analyzes the evidence without a presumption of correctness, a Tennessee appellate...

Kentucky: Claimant’s Lay Testimony Insufficient to Establish Causal Connection Between Her Need for Additional Treatment and Work-Related Injuries 23 Years Earlier

Testimony by a claimant that she continued to have pain and discomfort almost 23 years after sustaining a work-related back injury, together with a physician’s notes that indicated those same complaints had been recounted to the doctor at an office visit, but which were silent with regard to causation...