Workers' Compensation

Recent Posts

Nebraska: Truck Driver Awarded Permanent Total Disability Benefits After Ankle Fracture
Posted on 17 May 2020 by Thomas A. Robinson

In a decision not designated for publication, a Nebraska court affirmed a finding by the state's Workers' Compensation Court that a truck driver had sustained permanent total disability due to an ankle fracture. The court noted the deep conflict... Read More

Utah: Worker Entitled to PTD Award in Spite of Return to Work at Higher Income
Posted on 10 Mar 2020 by Thomas A. Robinson

Where a Utah worker sustained catastrophic work-related injuries, including the amputation of both feet, when he accidentally came into contact with a high voltage power line and yet, after a significant period of recuperation was able to return to full... Read More

Virginia: Injuries Occurring Two Years Apart Can Still Be from “Same Accident”
Posted on 30 Jan 2020 by Thomas A. Robinson

A decision by Virginia’s Workers’ Compensation Commission that held a claimant was entitled to permanent total disability benefits (as opposed to PPD benefits) for the loss of two limbs “in the same accident” [see Va. Code Ann... Read More

South Dakota: Claimant Did Not Abandon Labor Market By Relocating to Daughter’s Home in Small Town
Posted on 13 Jul 2018 by Thomas A. Robinson

An award of permanent total disability benefits to an injured worker was appropriate in spite of allegations by the former employer that the worker abandoned the labor market by moving to Winner, South Dakota, more than 60 miles from Sioux Falls—her... Read More

Missouri: A "Working" Claimant is Not a Total (sometimes)
Posted on 8 Dec 2011 by Martin Klug

Claimant's capacity to return to work for 1 1/2 years after her back injury defeated her SIF claim that she was permanently and totally disabled. Her duties such as data entry, answering phones or monitoring suicidal patients were considered a ‘real... Read More

MO: Working Doesn't Stop PTD Benefits for Claimant
Posted on 28 Feb 2012 by Martin Klug

A permanently and totally disabled claimant with a traumatic brain injury did not lose benefits because he was working, according to the Missouri Court of Appeals, when the employer failed to show a change in physical condition. The case is Pavia v Smitty's... Read More

Larson’s Spotlight on Recent Cases: Injured HVAC Worker Established “Odd Lot” Status
Posted on 9 Mar 2012 by Larson's Spotlight

Larson's Spotlight on Odd Lot, Causation, Farm Laborer, Immunity From Exclusive Remedy . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... 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

Permanent Total Disability Found "In Accordance With the Fact": Cal. Comp. Cases April Advanced Postings (4/5/2012)
Posted on 5 Apr 2012 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the April 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. American... 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

California: Economists Wanted
Posted on 3 May 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases and statutes cited below. Since Senate Bill 899 was passed, there has been a great deal of uncertainty surrounding the proper calculation and evaluation of the COLAs provided for under Labor Code Section 4659... Read More

Missouri: Injuries Sustained When Lunchroom Chair Collapsed Are Compensable
Posted on 20 Nov 2015 by Larson's Spotlight

A Missouri appellate court affirmed an award of permanent total disability benefits against the state’s Second Injury Fund where claimant’s lunchroom chair collapsed as he sat eating lunch. The claimant injured his low back and developed intense... Read More

Permanent Total Disability Award Upheld; Sub Rosa Videotape Disallowed on Procedural Grounds: Cal. Comp. Cases Advanced Postings (10/26/2016)
Posted on 27 Oct 2016 by Robin E. Kobayashi

Here’s the latest batch of advanced postings for the November 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

Larson’s Spotlight on Recent Cases: Claimant Not Entitled to Permanent Total Disability Under Odd-Lot Rule
Posted on 27 Jan 2012 by Larson's Spotlight

Larson's Spotlight on Odd-Lot, Statute of Limitations, Agricultural Employer, and Hazard of Employment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... 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