Workers' Compensation

Recent Posts

New York: Claimant Gets Second Chance at Establishing Aspergillosis Claim
Posted on 16 Jun 2019 by Thomas A. Robinson

A finding by the New York Workers’ Compensation Board that a worker had failed to establish his claim for an occupational disease in the form of allergic bronchopulmonary aspergillosis did not prevent the worker from subsequently establishing an... Read More

Virginia: Court Eases—Ever So Slightly—State’s “Sudden Mechanical or Structural Change” Rule
Posted on 30 May 2019 by Thomas A. Robinson

Virginia, which has one of the most restrictive coverage formulae in the nation, generally requires that a claimant show she suffered a “sudden mechanical or structural change to the body” in order to meet the state’s definition of “injury... Read More

Employers/Insurers Who Treat Ebola as Occupational Disease Do So at Their Peril
Posted on 23 Oct 2014 by Thomas A. Robinson

Workers in any profession can show a work connection to ebola and need not prove that ebola is a risk peculiar to their job Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading... Read More

Virginia: Employee Must Show “Identifiable Incident” to Recover for Injury by Accident
Posted on 9 Mar 2017 by Thomas A. Robinson

Observing that the question of whether an employee had suffered an “injury by accident” presented a mixed question of fact and law and further, that in Virginia, gradually incurred traumatic injuries or cumulative trauma conditions are not... Read More

Louisiana: Worker Awarded Benefits for West Nile Virus
Posted on 20 Jan 2017 by Thomas A. Robinson

A Louisiana worker, who contended he contracted the West Nile virus from a mosquito bite that occurred in his employer’s break room, sustained an accidental injury that arose out of and in the course of his employment. Affirming a factual finding... Read More

MO: Western District Announces 'Open Season' On Employers
Posted on 15 Sep 2011 by Martin Klug

Just when Missouri business was feeling good about things after comp reform, the court of appeals has now announced open season and allows claimants with occupational disease cases to go after their employers in circuit court instead of comp. State ex... Read More

Missouri: Court Keeps Civil Case Alive for Work-place Injury
Posted on 14 Dec 2011 by Martin Klug

The employer lost its summary judgment in a suit by an employee involving an injury at work based on a plain error review by the court of appeals. The claimant had a pending worker's compensation case which had not resolved whether claimant had an... Read More

Missouri: Reaction to Flu Vaccine Is a "Comp" Injury
Posted on 20 Dec 2011 by Martin Klug

A health-care worker who had a severe reaction to a flu shot in 2005 could collect worker’s compensation benefits even though the shot was not mandatory and not an “accident” as a matter of law. The employer did not require employees... Read More

Five Recent Workers’ Comp Cases You Should Know About (11/18/2011) – Paving Worker Strikes Bowling Ball With Sledgehammer, Loses Eye and Workers' Comp Claim
Posted on 18 Nov 2011 by Larson's Spotlight

Larson's Spotlight on Death Benefits to Nonresident Aliens, Accidental Injury, Third Party Settlement Proceeds, Work Order Violation, and Prisoners. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson... Read More

MO: Western District Announces 'Open Season' On Employers
Posted on 15 Sep 2011 by Martin Klug

Just when Missouri business was feeling good about things after comp reform, the court of appeals has now announced open season and allows claimants with occupational disease cases to go after their employers in circuit court instead of comp. State ex... Read More

Five Recent Cases You Should Know About (7/23/2010)
Posted on 23 Jul 2010 by Larson's Spotlight

Larson's Spotlight on Filing of Claim, Accidental Injury vs. Normal Work Routine, Mesothelioma Death Claim, Post-Traumatic Stress Claim, and Occupational Disease. Larson's surveys the latest case developments that you need to know about. Thomas... Read More

Five Recent Cases You Should Know About (4/29/2011)
Posted on 29 Apr 2011 by Larson's Spotlight

Larson's Spotlight on Unexplained Fall, AMA Guides, Self-Insurers, Chiropractic Treatment, and Credit . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More

Missouri: Court Keeps Civil Case Alive for Work-place Injury
Posted on 14 Dec 2011 by Martin Klug

The employer lost its summary judgment in a suit by an employee involving an injury at work based on a plain error review by the court of appeals. The claimant had a pending worker's compensation case which had not resolved whether claimant had an... Read More

Five Recent Cases You Should Know About (3/18/2011)
Posted on 18 Mar 2011 by Larson's Spotlight

Larson's Spotlight on Subsequent Injury, Accidental Injury, Unexplained Injury, Collateral Source, and Defamation Suit . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Five Recent Cases You Should Know About (4/26/2010)
Posted on 24 Apr 2010 by Larson's Spotlight

Larson’s Spotlight on Marijuana, Retaliatory Discharge, Coughing, Intoxication Defense, and Accidental Injury. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s... Read More