Workers' Compensation

Recent Posts

Arizona: Employee’s Fall Due to Idiopathic Condition is Not Compensable
Posted on 22 May 2021 by Thomas A. Robinson

Quoting liberally from Larson’s Workers’ Compensation Law , an Arizona appellate court affirmed a decision by the state’s Industrial Commission that found an employee’s injuries did not arise out of and occur within the course... Read More

Missouri: Nondependent Parents Fail to Show Worker’s Death Was Due to Idiopathic Condition
Posted on 22 May 2021 by Thomas A. Robinson

A Missouri appellate court affirmed a decision by the state’s Labor and industrial Relations Commission that held a worker’s death from a heat stroke was a compensable accident, thus barring a tort action filed by the worker’s nondependent... Read More

Arkansas: No Recovery From Fainting Incident Due to Idiopathic Condition
Posted on 7 Mar 2021 by Thomas A. Robinson

Stressing that “idiopathic” and “unexplained” were not synonymous, an Arkansas appellate court agreed with an ALJ’s decision denying workers’ compensation benefits to a worker who, after experiencing severe gastrointestinal... Read More

Iowa: Hardness of Floor Should Have Been Considered in Idiopathic Fall Case
Posted on 28 Nov 2018 by Thomas A. Robinson

A divided Supreme Court of Iowa recently held that all work-related risk factors must be considered in determining the compensability of an idiopathic fall—even the hardness of the floor. Accordingly, it was error for the Commissioner and a lower... Read More

Arkansas: Employer Fails to Show High School Basketball Injury Was Idiopathic Condition Causing 66-year-old Pharmacist to Fall
Posted on 14 Sep 2018 by Thomas A. Robinson

In Arkansas, in order for an employee to establish that the injury arose out of and in the course of the employment, the claimant must prove that he or she was “performing employment services” when he or she was injured. In spite of that limiting... Read More

Nebraska: Claimant Fails to Prove “Increased-Risk” of Injury Associated With Idiopathic Fall
Posted on 26 Jul 2018 by Thomas A. Robinson

Citing Larson’s Workers’ Compensation Law , the Supreme Court of Nebraska acknowledged that a vast majority of courts nationally had adopted the so-called, increased-risk rule, under which the effects of an idiopathic-caused fall are compensable... Read More

Missouri: Sleepy Worker Collects Disability for Breaking Her Ankle
Posted on 22 May 2015 by Martin Klug

The Commission in a 2-1 opinion affirmed an award of disability of more than $82,000 for a worker who fell because of a sleep disorder caused by working long shifts. Riggins v My Camp , 2015 MO WCLR Lexis 47 (May 14, 2015) An injured worker must show... Read More

Ohio: Claimant Required to Show Fall Was Not Due to Idiopathic Condition
Posted on 27 Oct 2017 by Thomas A. Robinson

Where an employee sustained a broken hip in a fall at work, with no clear reason for the fall, but where the employee’s medical record indicated that she suffered from various medical conditions, including diabetes mellitus type II, thyroid disease... Read More

Oregon: Court Clarifies Standards in Idiopathic Fall Cases
Posted on 20 Oct 2016 by Thomas A. Robinson

While a claimant certainly has the burden of proving compensability by a preponderance of the evidence, an injury that is unexplained and occurs in the course of employment is presumed, as a matter of law, to arise out of the employment. Accordingly,... Read More

Arkansas: No Compensation Where Fall is Due to Idiopathic Cause
Posted on 26 Jan 2018 by Thomas A. Robinson

The Supreme Court of Arkansas affirmed a finding by the state’s Commission that a grocery store worker had not shown that her brain injury arose out of and in the course of her employment where the worker claimed she sustained an unexplained, compensable... Read More

Ohio: Idiopathic Injury Not Compensable Where Employment Conditions Did Not Increase Danger
Posted on 16 Feb 2017 by Thomas A. Robinson

An Ohio nurse, who sustained injuries in a bizarre auto accident as she traveled to the residence of one of her clients, did not sustain an accidental injury arising out of her employment where she indicated she had stopped at a stop light and the next... Read More

Virginia: Employee Who Blacked Out While Driving Could Not Establish Workers’ Compensation Claim
Posted on 6 May 2016 by Larson's Spotlight

A Virginia appellate court affirmed the denial of a workers’ compensation claim filed by an employee, who spent 75 percent of her working time driving in a car provided for her by her employer, and who sustained injuries in a single-car rollover... Read More

North Carolina: Injuries Sustained After Choking on E-Cigarette Not Compensable
Posted on 18 May 2018 by Thomas A. Robinson

Stressing the crucial difference between an “unexplained” fall and an “idiopathic” fall, a North Carolina appellate court affirmed the denial of benefits to a municipal worker who suffered injuries when he fainted and collapsed... Read More

New Hampshire: Truck Driver Injured When He Fell Asleep Should Recovery Comp Benefits
Posted on 27 Mar 2015 by Larson's Spotlight

Quoting Larson’s Workers’ Compensation Law , § 3.03 and relying upon its earlier decision in Appeal of Margeson , 162 N.H. 273, 27 A.3d 663 (2011), the Supreme Court of New Hampshire reversed the state’s Compensation Appeals Board... 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