Five Recent Cases You Should Know About (7/23/2010)

Larson's Spotlight on Filing of Claim, Accidental Injury vs. Normal Work Routine, Mesothelioma Death Claim, Post-Traumatic Stress Claim, and Occupational Disease. 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.

NC: Employer's Conduct Did not "Lull" Injured Worker into Waiting Too Late to File Claim

A North Carolina appellate court has affirmed a decision by the state's Industrial Commission that found an injured worker's claim time barred when it was filed more than two years after the injury, based upon the Commission's finding that the worker perhaps relied upon faulty advice from one or more attorneys, but did not rely upon any representation made by the employer.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 N.C. App. LEXIS 1289. Then click on the red button Search for Free. Note: If you haven't registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 126.09.

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NC: Knee Injury Sustained While Walking Up Stairs Is Not "Accidental"; Worker's Claim is Barred

Applying North Carolina's rather restrictive view of "accidental" injuries, the Court of Appeals of North Carolina recently reversed a decision by the state's Industrial Commission and deterimined that a worker's injury, sustained as she walked up the stairs at her place of employment, was not accidental; the activity was a normal part of her work routine and there was no evidence that she stumbled or tripped just prior to her knee giving way.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 N.C. App. LEXIS 1310. Then click on the red button Search for Free. Note: If you haven't registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 42.02.

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WI: Auto Parts Manufacturer Not Liable in Tort for Mesothelioma Death Claim Filed By Estate of Independent Contractor's Employee

The Supreme Court of Wisconsin, reversing (in part) a decision by the state's Court of Appeals, has ruled that a manufacturing company that contracted out machining work to a subcontractor that employed the deceased worker is not liable in tort for the death of the worker due to mesothelioma; the only appropriate remedy was under the state's Workers' Compensation Act.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Wisc. LEXIS 170. Then click on the red button Search for Free. Note: If you haven't registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 111.04.

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KY: Truck Driver's Post-Traumatic Stress Claim Denied Under State's Restrictive Definition of "Injury"

In an unpublished decision, the Court of Appeals of Kentucky construed Ky. Rev. Stat. § 342.0011(1), which generally excludes from the definition of "injury" any "psychological, psychiatric, or stress-related change in the human organism, unless it is a direct result of a physical injury," [emphasis added] and affirmed the denial of a truck driver's post-traumatic stress disorder claim where the driver's truck was struck by a car while the driver was sleeping in the cab portion of the truck and where the driver sustained no actual physical injury as a result of the collision.  Feeling a "shake" and being awakened was not a "physically traumatic event."

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Ky. App. Unpub. LEXIS 585. Then click on the red button Search for Free. Note: If you haven't registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 56.06.

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NC: Truck Driver's Claim that Rotator Cuff Tear Was Occupational Disease Fails

A North Carolina appellate court recently affirmed an Industrial Commission decision that a truck driver failed to prove that his work tasks placed him at a greater risk than the general public of developing a rotator cuff tear, and that his work duties caused his rotator cuff tear; he had not suffered a compensable occupational disease under N.C. Gen. Stat. § 97-53(13).

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 N.C. App. LEXIS 1284. Then click on the red button Search for Free. Note: If you haven't registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 52.03.

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Source: Larson's Workers' Compensation Law, the nation's leading authority on workers' compensation law

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