A Virginia appellate court affirmed a finding of the state’s Workers’ Compensation Commission that had apportioned an injured employee’s disability based on her preexisting condition, awarding benefits based upon a 25 percent PPD to... Read More
Where a New York employer and its carrier successfully argued in a 2013 scheduled loss of use (SLU) claim that any loss of use sustained by claimant had been the result of aging and not the claimed work-related injury, they were not precluded from subsequently... Read More
New York’s Workers’ Compensation Board inappropriately apportioned 60 percent a claimant’s disability to his non-disabling and undiagnosed multiple sclerosis, held a state appellate court. Stressing that there was no evidence that the... Read More
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... Read More
Here’s the second batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. FEATURED CASE: IDIOPATHIC SEIZURES IN A POST-SB 899 WORLD Lexis.com subscribers can link to the case to read the complete summary. Harris Ranch Inn... Read More
Prior to Senate Bill 899, the law was clear as to which party had the burden of proof on the apportionment issue. If defendant could not provide substantial evidence that there was either pre-existing PD or a progressive disease process, apportionment... Read More
Here’s the fourth batch of advanced postings for the February 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. ... Read More
Featured Case of the Week: Intoxication Defense Fails Despite "Presumptive Positive" Blood Test Beyette's Tree Care, Uninsured, Petitioner v. Workers' Compensation Appeals Board, Bart James Johnson , Respondents , 2011 Cal. Wrk. Comp... Read More
Here’s the latest batch of advanced postings for the February 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All... Read More
Here’s the latest batch of advanced postings for the September 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All... Read More
CALIFORNIA COMPENSATION CASES Vol. 77 No. 4 April 2012 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE... Read More
By Jennifer C. Jordan, Esq., General Counsel, MEDVALL, LLC On December 4, 2015, the Florida Bar Board of Governors approved 33-9 the Code and Rules of Evidence Committee’s (CREC) recommendation to use the Frye standard for evaluating expert testimony... Read More
Here’s the third batch of advanced postings for the October 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights... Read More
By Marcus A. Roland, Esq. The Kentucky Workers' Compensation Board rendered 52 decisions for the month of August, 2012. Summaries regarding opinions of note are set forth below. Bush v. Jack Cooper Transport, et al , Claim No. 2007-7362 (August... Read More
LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2016. The list features a number of decisions addressing utilization review... Read More