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A Missouri appellate court affirmed a decision by the state’s Labor and industrial Relations Commission that held a worker’s death from a heat stroke was a compensable accident, thus barring a tort action filed by the worker’s nondependent...

Stressing that the employer is responsible for all sequelae that flow from the primary work-related injury, a Virginia appellate court affirmed an award of benefits to a claimant who developed a right knee condition more than a decade after sustaining...

Budget & Taxes AK Gov Proposes Permanent Fund Restructuring With a sharp drop in oil prices and declining production having blown a $3-billion hole in his state’s budget, Alaska Gov. Bill Walker (I) has proposed a plan to convert the state’s...

Food and Beverage Alert By Stefanie Jill Fogel and Kathleen Smith Ruhland Bill promoting energy drink health guidelines is introduced. Senator Bob Menendez (D-NJ) and Representative Bill Pascrell (D-NJ) have introduced legislation that includes...

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. Here’s the story of an aging workforce...

American waistlines are expanding, with the adult obesity rate estimated by some to be as high as 40%. The obesity rate in the workforce has historically been lower than that of the general population, but this too is on the increase. Obese workers reportedly...

In a memorandum decision, the Supreme Court of Appeals of West Virginia affirmed a decision by the state Board of Review that found a worker’s death was the result of natural causes—prior to his death, the worker suffered from obesity, high...

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL LLC A Medicare set-aside (MSA) is sometimes like an exercise in accident reconstruction. And when the MSA gets ugly, as they frequently do, it is typically because of some factor other than the industrial...

A new study focuses on the negative impacts of obesity across different occupational classifications Obesity and its adverse effects on health and employment continue to be the subject of much-needed research and attention. In the recent past, I have...

The new edition of Workers’ Compensation Emerging Issues Analysis (LexisNexis) is a veritable cornucopia of expert analysis, provocative commentary, and a 50 state survey of workers’ compensation legislation in 2014 As with last year’s...

A sure sign of the concern mounting over the rate of obesity in the U.S. is the number of studies that are coming out analyzing the issue from a myriad of different angles. One of the most recent, Adiposity Predicts Self-Reported Frequency of Poor Health...

Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter Although the annual costs of providing healthcare to Americans for conditions associated with obesity has been estimated at well over $100 billion (...

The Second Injury Fund denied a claim of a worker who sat in a chair in the lunch room. When the chair broke he hurt his back. The Fund argued the worker failed to prove a work risk that he was not equally exposed to away from work Wright v. Roto-Rooter...