Workers' Compensation

Recent Posts

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

Oklahoma: Statutory Definition of “Compensable Injury” Should Not Read Too Narrowly
Posted on 22 Mar 2019 by Thomas A. Robinson

Oklahoma’s definition of “compensable injury” requires damage or harm to the physical structure of the body … “caused solely as the result of either an accident, cumulative trauma or occupational disease arising out of the... Read More

The Path of Non-resistance in Workplace Robberies: Reducing the Risk of Customer Injury
Posted on 1 May 2015 by LexisNexis Workers' Comp Law Newsroom Staff

Robbery—the crime involving sticky fingers that can get your entire hand amputated as a penalty in some cultures—is the leading cause of occupational homicide in the workplace and a known risk factor for employee injury. Some of the highest... Read More

The Impact of OSHA Developments on Workers’ Comp: Ch-ch-changes (Turn and Face the Shame)
Posted on 24 Aug 2015 by Karen C. Yotis

Warning Employers About a New Enforcement Paradigm By Karen C. Yotis, Esq., Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter Something’s afoot at the Occupational Safety & Health Administration, and... Read More

Missouri: Court Reverses Denial of SIF Benefits for Unexplained Fall
Posted on 5 Mar 2015 by Martin Klug

A worker fell 20-25 feet from a rail car. He settled his case with the employer and proceeded with a claim for second injury fund benefits. The court of appeals reversed the Commission’s award which denied SIF benefits because claimant failed to... 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

Missouri: Storm Chasing Chief Awarded Benefits for Slipping at His Home
Posted on 30 Mar 2012 by Martin Klug

On a dark and stormy Sunday night, a police chief fell on his driveway while getting into his truck to drive into town and check for storms. His job duties involved storm spotting by finding the highest ground to see if he could spot a tornado or any... 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

Missouri: Storm Chasing Chief Awarded Benefits for Slipping at His Home
Posted on 30 Mar 2012 by Martin Klug

On a dark and stormy Sunday night, a police chief fell on his driveway while getting into his truck to drive into town and check for storms. His job duties involved storm spotting by finding the highest ground to see if he could spot a tornado or any... Read More

Five Recent Cases You Should Know About (3/11/2011)
Posted on 12 Mar 2011 by Larson's Spotlight

Larson's Spotlight on MRSA Infection, Exposure to Chemical Cloud, Psychological Injury, Tort Action, and Employment Contract. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More