Workers' Compensation

Recent Posts

Missouri: Commission Has Broad Discretion in Allowing Introduction of Medical Evidence
Posted on 10 May 2019 by Thomas A. Robinson

The Missouri Labor and Industrial Relations Commission has broad discretion in considering and receiving expert medical evidence, held a state appellate court. That discretion is in fact so broad that it was empowered to accept the opinion of an audiologist... Read More

Colorado: Court Refuses to Give Presumptive Deference to DIME Physician's Opinion
Posted on 26 Apr 2019 by Thomas A. Robinson

Acknowledging that under Colo. Rev. Stat § 8-42-107(8)(b)(III), a division-sponsored independent medical examination (“DIME”) physician’s opinions concerning MMI and impairment are afforded presumptive weight, a state appellate... Read More

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

Missouri: Noxious Smoke and Fumes at Work Caused Myelomas
Posted on 22 Mar 2012 by Martin Klug

Noxious fumes and yellow smoke caused claimant's non-Hodgkin's lymphoma (multiple myelomas) and made him unemployable, according to a new decision from the Court of Appeals, which affirmed an award of PTD benefits. The award included safety... 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

North Carolina: Cautious Medical Testimony Does Not Amount to Mere Speculation
Posted on 19 Aug 2016 by Thomas A. Robinson

Where the former employee’s medical expert candidly allowed that he could not offer a medical opinion to a degree of absolute certainty that removed all speculation, but that he could say, to a reasonable degree of medical certainty, that the former... Read More

New York: Decision Reversed Where Board Misread Record Regarding Expert Testimony
Posted on 6 Apr 2018 by Thomas A. Robinson

Noting that the Board was free to reject the medical opinion offered by the claimant’s expert and credit one rendered by an independent medical examiner, a New York appellate court held that the Board was not, however, free to misread the record... Read More

Ohio: Court Rejects Uncorroborated Expert Testimony From Pulmonary Expert
Posted on 13 May 2016 by Larson's Spotlight

An Ohio appellate court affirmed trial court’s decision granting summary judgment to an employer in a workers’ compensation matter in spite of what the worker contended was a conflict in the medical evidence. The worker was diagnosed with... Read More

Florida: Self-Help Physician May Not “Bootstrap” Medical Necessity of Treatment into Evidence
Posted on 13 Oct 2016 by Thomas A. Robinson

§ 440.13(5)(e), Fla. Stat., by its plain language, excludes from workers’ compensation proceedings the medical opinions of any doctor (other than independent medical examiners and expert medical advisors) who has not been authorized by the... Read More

New York: Medical Testimony as to Possible Causes of Heart Attack Did Not Meet Evidentiary Standard
Posted on 9 Jun 2016 by Larson's Spotlight

The New York Workers’ Compensation Board erred when it found that a corrections officer's work activities were causally connected to his myocardial infarction where the employer’s medical expert opined that the infarction was not caused... Read More

Pennsylvania: Psychologist’s Testimony Not Competent to Rebut IRE Evidence Submitted by Employer
Posted on 7 Nov 2014 by Larson's Spotlight

A Pennsylvania appellate court held that while a psychologist may provide competent testimony in the claim petition context, if a claimant seeks to rebut competent impairment rating evaluation evidence, he or she must present evidence of similar character—i... Read More

Kentucky: Claimant’s Lay Testimony Insufficient to Establish Causal Connection Between Her Need for Additional Treatment and Work-Related Injuries 23 Years Earlier
Posted on 3 Jul 2014 by Larson's Spotlight

Testimony by a claimant that she continued to have pain and discomfort almost 23 years after sustaining a work-related back injury, together with a physician’s notes that indicated those same complaints had been recounted to the doctor at an office... Read More

I’ll Take Mine With Icing: A New Spin on Daubert in Delaware
Posted on 22 May 2012 by Cassandra Roberts

My Daddy, who I lost the week before I started law school, always used to say "Jack of all trades, master of none." Maybe that's why my practice has been limited to work comp and that alone these last 30 plus years. Today's post... Read More

Texas: City of Port Arthur v. Brown
Posted on 2 Nov 2011 by Stuart D. Colburn

This case [ 2011 Tex. App. LEXIS 7881 ] concerns when a jury can disregard the testimony of the only expert who provided opinions or testimony to a jury. Tanner Brown was a City of Port Arthur (City) employee injured during a low-impact collision while... 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