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bad faith claims
causation
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exclusive remedy
expert opinion
expert witness
herniated disc
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Martin Klug
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Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Missouri: Commission Has Broad Discretion in Allowing Introduction of Medical Evidence
The Missouri Labor and Industrial Relations Commission has broad discretion in considering and receiving expert medical evidence, held a state appellate court. That discretion is in fact so broad that it was empowered to accept the opinion of an audiologist...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Colorado: Court Refuses to Give Presumptive Deference to DIME Physician's Opinion
Acknowledging that under Colo. Rev. Stat § 8-42-107(8)(b)(III), a division-sponsored independent medical examination (“DIME”) physician’s opinions concerning MMI and impairment are afforded presumptive weight, a state appellate...
Barry Zalma
over 9 years ago
Insurance Law
Property Insurance
Sued For Good Work – Expert Required to Establish Agent’s Negligence
Insurance agents and brokers are insurance professionals whose actions in placing insurance require compliance with the standards of practice and skills of an insurance broker which are not necessarily matters of common knowledge. Under Pennsylvania law...
Larson's Spotlight
over 9 years ago
Workers' Compensation
Causation & AOE-COE Issues
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...
Martin Klug
over 10 years ago
Workers' Compensation
Causation & AOE-COE Issues
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...
Martin Klug
over 10 years ago
Workers' Compensation
Causation & AOE-COE Issues
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"...
Stuart D. Colburn
over 11 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
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...
Larson's Spotlight
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
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...
Thomas A. Robinson
over 6 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
North Carolina: Cautious Medical Testimony Does Not Amount to Mere Speculation
Where the former employee’s medical expert candidly allowed that he could not offer a medical opinion to a degree of absolute certainty that removed all speculation, but that he could say, to a reasonable degree of medical certainty, that the former...
Thomas A. Robinson
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: Decision Reversed Where Board Misread Record Regarding Expert Testimony
Noting that the Board was free to reject the medical opinion offered by the claimant’s expert and credit one rendered by an independent medical examiner, a New York appellate court held that the Board was not, however, free to misread the record...
Larson's Spotlight
over 6 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Ohio: Court Rejects Uncorroborated Expert Testimony From Pulmonary Expert
An Ohio appellate court affirmed trial court’s decision granting summary judgment to an employer in a workers’ compensation matter in spite of what the worker contended was a conflict in the medical evidence. The worker was diagnosed with...
Larson's Spotlight
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
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...
Cassandra Roberts
over 10 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
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...
Larson's Spotlight
over 10 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
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 Spotlight
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Pennsylvania: Psychologist’s Testimony Not Competent to Rebut IRE Evidence Submitted by Employer
A Pennsylvania appellate court held that while a psychologist may provide competent testimony in the claim petition context, if a claimant seeks to rebut competent impairment rating evaluation evidence, he or she must present evidence of similar character—i...
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