Workers' Compensation

Recent Posts

West Virginia: Supreme Court Says No Support for Board's Medical Findings
Posted on 26 Jul 2020 by Thomas A. Robinson

In spite of the deference afforded West Virginia's Workers' Compensation Board of Review when it comes to fact-finding, the state's Supreme Court, in a memorandum decision, reversed the Board's decision that awarded benefits for a worker's... Read More

New York: Substantial Evidence Required to Rebut § 21 Presumption of Compensability
Posted on 20 Jan 2020 by Thomas A. Robinson

In order to rebut the presumption of compensability found in N.Y. Workers’ Comp. Law § 21, an employer must come forward with “substantial” evidence, not just some evidence, to the contrary, held a state appellate court. Accordingly... Read More

Workers' Comp Fraud Blotter (11/10/2011) – Temporary Employment Business Avoided Millions in Taxes and Premiums By Paying Employees Cash Under-the-Table
Posted on 11 Nov 2011 by LexisNexis Workers' Comp Newsroom Fraud Team

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and... Read More

Idiopathic Seizures in a Post-SB 899 World: Cal. Comp. Cases January Advanced Postings (1/13/2012)
Posted on 13 Jan 2012 by California Compensation Cases Staff

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

Florida: Judge’s Exclusion of Health Care Nurse’s Deposition Was Erroneous
Posted on 27 Feb 2015 by Larson's Spotlight

A decision by a judge of compensation claims to exclude the deposition of a home health care nurse, based on the fact that the claimant’s attorney “was not aware” that the employer planned to offer it into evidence was improper, even... Read More

Illinois: Pulmonologist’s Testimony Fails Under Frye Evidence Standard
Posted on 28 Jul 2016 by Thomas A. Robinson

Claimant’s pulmonologist’s causation opinion was inadmissible under Frye and Ill. R. Evid. 702, where it was not based on a scientific methodology or principle that had gained general acceptance in the relevant scientific community. Claimant... Read More

Substantial Evidence Must Have Some Substance
Posted on 12 Oct 2015 by Stephen C. Embry

By Stephen C. Embry, Embry and Neusner, Groton, Connecticut Science, clinical medicine, and the law live in the same city but in different neighborhoods. Each of the disciplines is concerned with the development and organization of information to answer... Read More

California: The Right to Discovery vs. Privacy and Privilege
Posted on 10 Apr 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases, statutes, and other cites below . In Borrayo v. Tobar Industries, The Hartford Insurance, 2012 Cal. Wrk. Comp. P.D. LEXIS 10 , Lisa Borrayo was working for Tobar Industries, when she sustained a cumulative... Read More

Application for SIBTF Benefits Barred by Statute of Limitations: Cal. Comp. Cases April Advanced Postings (4/6/2016)
Posted on 6 Apr 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the April 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 rights... Read More

California: Labor Code Section 4662 and Vocational Experts
Posted on 5 May 2016 by Robert G. Rassp, Esq.

Labor Code Section 4662 was modified by the legislature in AB 1847 in 2014. Contrary to popular belief, it was not amended in SB 863. The older version of Section 4662, adopted in 2007, created the conclusive presumption of permanent total disability... Read More

Applicant Precluded From Reopening Psychiatric Claim: Cal. Comp. Cases July Advanced Postings (6/29/2016)
Posted on 30 Jun 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the July 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 rights... Read More

Tennessee: Appellate Court Overturns Findings That Heat Exhaustion Resulted in Permanent Disability
Posted on 14 Mar 2014 by Larson's Spotlight

Acknowledging that the trial court has substantial discretion in weighing the evidence, including the medical evidence, but noting as well that where all the medical evidence was in the form of deposition, the reviewing court analyzes the evidence without... Read More

California: WCAB Panel Allows Report of Non-Examining Panel QME in Contribution Proceeding
Posted on 20 Nov 2011 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Chirinos v. Heartwood Cabinet , No. ADJ2087163, the WCAB panel found that the applicant’s failure to submit to a physical examination by the panel QME did not render the panel QME’s reports inadmissible for purposes of this contribution... Read More

California: Step One in Building Your Case – Lay the Foundation
Posted on 21 Sep 2017 by LexisNexis Workers' Comp Law Newsroom Staff

Before you build a house, you first make sure to construct a sturdy foundation. The same is true, in litigation. Before you build a case with evidence, you must set the foundation by verifying that the evidence you present is sufficiently credible and... Read More

Tags: Evidence