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Thomas A. Robinson
over 1 year ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Georgia: Second Fall at Home Broke Chain of Causation Related to Earlier Injury
Emphasizing that it was for Georgia’s State Board of Workers’ Compensation to resolve a conflict in the evidence and not for the superior court, which initially reviewed the Board’s decision, a state appellate court reversed and remanded...
Thomas A. Robinson
over 1 year ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Pennsylvania: Employee’s Suicide Was Compensable
A decision of Pennsylvania’s Workers’ Compensation Appeal Board awarding death benefits to the surviving spouse and child of an employee who committed suicide was supported by substantial evidence in the record in spite of the fact that the...
Thomas A. Robinson
over 1 year ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: No Recovery for Claimed Lyme Disease Claim
A safety and security officer, who filed a claim seeking to recover workers’ compensation benefits for alleged Lyme disease almost six years after he filed a report with his employer indicating he had suffered two tick bites, failed to establish...
Thomas A. Robinson
over 1 year ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Arizona: Employee’s Fall Due to Idiopathic Condition is Not Compensable
Quoting liberally from Larson’s Workers’ Compensation Law , an Arizona appellate court affirmed a decision by the state’s Industrial Commission that found an employee’s injuries did not arise out of and occur within the course...
Thomas A. Robinson
over 1 year ago
Workers' Compensation
Recent Cases, News, Trends & Developments
West Virginia: Nurse’s Fall on Level, Unobstructed Floor Found to be Compensable
A hospital nurse’s unexplained fall while walking to lunch in a level, unobstructed hospital tunnel was compensable, held the Supreme Court of Appeals of West Virginia in a memorandum decision. The Court’s decision follows that of the majority...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Illinois: Injuries Arising From "Common Bodily Movements" May be Compensable
Overruling Adcock v. Illinois Workers’ Compensation Comm’n , 2015 IL App (2d) 130884WC, and its progeny, to the extent that those decisions held injuries attributable to common bodily movements or routine everyday activities, such as bending...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: Medical Evidence Must Show More than Possible Connection Between Injury and Employment
Where claimant's physician testified that it was "difficult to determine" when claimant's meniscus tear occurred and that there was "a strong possibility" that something which happened at work could have exacerbated claimant's...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Hawaii: Pointing to Other, "Potential" Causes is Insufficient to Overcome Hawaii's Presumption of Compensability
Hawaii's presumption of compensability cannot be overcome merely by the employer's offer of evidence that some cause, other than the employment, was medically plausible in producing the injured worker's condition or illness, held the Supreme...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Missouri: Injuries at Doctor’s Office Did Not Arise Out of and in Course of Employment
Finding that the risk of being tripped while at a doctor's office for treatment of a work-related exposure to an insecticide was a risk to which the employee was equally exposed outside her employment, a Missouri appellate court affirmed a decision...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Virginia: Sudden Gust of Wind Was Act of God, No Work-Related Injury
A Virginia appellate court affirmed a determination by the state's Workers' Compensation Commission denying workers' compensation benefits to a public school security officer who sustained injuries in a fall on school property during a windy...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
West Virginia: Carpal Tunnel Claim Denied for Funeral Home Worker
The Supreme Court of Appeals of West Virginia affirmed a decision by the state’s Workers’ Compensation Board of Review that had denied workers’ compensation benefits to a funeral home apprentice director/embalmer who contended his carpal...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Virginia: “Two-Cause” Rule Fails to Aid Worker Who Was Disabled Due to Preex-isting Kidney Disease
Quoting Larson’s Workers’ Compensation Law , and reiterating the usual, “two-cause” rule: that where a work-related disability combines with a nonwork-related disability to prevent the injured worker from continuing to work, the...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Kansas: Marijuana Test Results Should Have Been Admitted into Evidence
Reiterating that in Kansas, because of multiple concerns, the rules of evidence do not apply to workers’ compensation hearings, a Kansas appellate court held the state’s Workers’ Compensation Board should not have excluded the results...
Steven M. Siros
over 7 years ago
Environmental
Environmental Law and Regulation
Seventh Circuit Opens the Door for End Run on General Causation in Toxic Tort Cases
A recent decision by the Seventh Circuit Court of Appeals, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], may significantly lower the causation bar for plaintiffs in toxic tort cases. In the case C.W. & E...
Larson's Spotlight
over 10 years ago
Workers' Compensation
Prescription Drug Abuse
Larson’s Spotlight on Recent Cases: Alcohol and Drug Use Did Not Break Chain of Causation
Larson's Spotlight on Causation, Total Permanent Disability, Viagra, and Substantially Certain. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...
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