Workers' Compensation

Recent Posts

OHIO: Lapse of Time Between Incident and Treatment Amplifies Need for Expert Testimony on Causation
Posted on 26 Jul 2013 by Larson's Spotlight

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... Read More

A River Runs Through It…… Not in this Little Ditty about Mold Exposure in Delaware
Posted on 1 Mar 2013 by Cassandra Roberts

Today's case comes courtesy of Bob Richter of Elzufon, Austin, Tarlov & Mondell. It is an occupational disease/toxic exposure case which went to the Board last summer and for which the Motion for re-Argument was denied in late November. I have... Read More

California: Causation of Injury v. Causation of Disability
Posted on 2 Aug 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter subscribers can link to the cases cited below . The issue of causation has been a central theme in many recent cases. However, given that there are two types of legal causation in the world of workers’ compensation, it’s easy for... Read More

Larson’s Spotlight on Recent Cases: North Dakota Refuses to Adopt Positional Risk Doctrine
Posted on 20 Apr 2012 by Larson's Spotlight

Larson's Spotlight on Positional Risk Doctrine, Medical Evidence, Total Permanent Disability, and Deviation From Employment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Causation and Effect: Workers’ Comp Experts Discuss Impact of Rising Costs on Causation Standards
Posted on 19 Nov 2012 by John Stahl

By John Stahl, Esq. Widespread confusion regarding the difference between medical causation and legal causation, and why one claim of compensable harm may be accepted while a virtually identical claim or other seemingly “clear cut” case... Read More

Missouri: Arthritic Findings Defeat Causation on Shoulder Case
Posted on 23 Mar 2012 by Martin Klug

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"... Read More

Lara’s Theme…. And a Victory For Her Daddy In This DE Compensability Case
Posted on 12 Jul 2013 by Cassandra Roberts

Today we have a guest blogger, claimant lawyer Sheldon Saints. He presents what we lawyers call a Reese case where priors are indicated and the issue is whether a work event aggravated, accelerated or exacerbated the work injury in question. I had asked... Read More