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Where claimant's description of the circumstances of her injury differed sharply from what she told emergency medical personnel in the moments following her accident, the Board could find that the claimant had failed to establish the required causal...

Noting that a workers’ compensation claimant’s expert medical witnesses appeared to be completely unaware of the prophylactic measures taken by the employer to prevent contamination of its internal water system and that the employer’s...

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...

A North Carolina appellate court affirmed a state Industrial Commission decision that found, in relevant part, that a worker’s depression was causally connected to a work-related injury and, therefore, compensable. The employer contended that testimony...

Larson's Spotlight on Course and Scope, Exclusive Remedy, and Causal Connection. 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...

A New York appellate court reversed a decision of the state’s Workers’ Compensation Board that concluded that an employee who worked for some 23 years at a garbage recycling and energy production facility had sustained an occupational disease...

© Copyright 2014 LexisNexis. All rights reserved. For reprint permission, contact Robin.E.Kobayashi@lexisnexis.com . During the past several Januarys, I’ve shared with readers my annual list of bizarre workers’ compensation cases for...

A store manager who sustained injuries in her employer’s parking lot after she pursued two persons, posing as customers, who stole her purse from the store, could recover workers’ compensation benefits for psychological injuries in the nature...

A recent study points to a positive and consistent relationship between O*NET ratings of physical job demands and the risk of contracting arthritis later in life. Importantly, the study also demonstrates the utility of using such O*NET job descriptors...

A school bus driver, who sustained a compensable back injury in 2003, when he fell down the steps of his school bus could, under an appropriate factual finding, recover additional workers’ compensation benefits when four years later a child jumped...

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...

A Kansas appellate court affirmed the denial of a worker’s claim that she had developed a peanut (or related) allergy while working at the employer’s candy factory, holding that the evidence supported the finding that she had failed to prove...

In an unpublished decision, a Michigan appellate court affirmed a trial court’s grant of summary judgment favoring an employer in an injured worker’s retaliatory discharge action, finding that plaintiff could not make the requisite showing...

An Oregon court held substantial evidence supported a decision by the state’s Workers’ Compensation Board that medical services requested by a claimant were not compensable under Or. Rev. Stat. § 656.245(1)(a), which requires the employer...

A New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that the deceased employee’s ureteral cancer was causally connected to his employment exposure to a chemical, orthotoluidine. While the chemical...