Workers' Compensation

Recent Posts

Texas: Death Benefits Allowed For Deputy's Fatal Accident After Extra-duty Assignment
Posted on 24 Apr 2020 by Thomas A. Robinson

The Supreme Court of Texas held that a deputy sheriff fatal auto accident, as he traveled home in his assigned patrol car following an extra-duty assignment for a private employer, was nevertheless within the course and scope of the employment and his... Read More

Virginia: Knowledge of Police Officer Presumption of Compensability For Heart-Lung Conditions Does Not Trigger Statute of Limitations
Posted on 27 Mar 2020 by Thomas A. Robinson

That a Virginia police officer was specifically aware of the state’s special heart-lung presumption of compensability in favor of police officers and certain other types of workers did not mean the two-year statute of limitations for his cardiac... Read More

New York: No Death Benefits Following Apparent Suicide by Police Officer
Posted on 19 Oct 2019 by Thomas A. Robinson

Substantial evidence supported a determination by New York’s Workers’ Compensation Board that a police officer’s death from what appeared to have been a self-inflicted gunshot wound was not a “line-of-duty” death, held a... Read More

Nebraska: No Death Benefits For Deputy Killed in Vehicular Accident While Discussing Police Business
Posted on 12 Apr 2019 by Thomas A. Robinson

A Nebraska appellate court affirmed the denial of workers’ compensation death benefits to the family of a county deputy who sustained fatal injuries in a car crash that occurred as the deputy drove his private vehicle home some five minutes after... Read More

WCAB Bars Applicant’s Psychiatric Injury Caused by Disciplinary Action: Cal. Comp. Cases January Advanced Postings (1/13/2016)
Posted on 15 Jan 2016 by California Compensation Cases Staff

Here’s another batch of advanced postings for the January 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

New York: Out-of-Town Police Officer Awarded Benefits for PTSD in Connection With World Trade Center Attack
Posted on 23 Jan 2015 by Larson's Spotlight

A law enforcement officer from the City of Hornell (N.Y.) Police Department, who was sent to New York City for a six-day period following the terrorist attack at the World Trade Center on September 11, 2001, and who was engaged there in “perimeter... Read More

Employer Lacked Sufficient Notice of Alleged Industrial Injury to Trigger Duty to Provide Claim Form, Notice of Benefits: Cal. Comp. Cases August Advanced Postings (8/17/2016)
Posted on 17 Aug 2016 by California Compensation Cases Staff

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

Off-Duty Police Officer Injured in Capacity as Officer: Cal. Comp. Cases July Advanced Postings (7/17/2013)
Posted on 17 Jul 2013 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the July 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights... Read More

Good-Faith Personnel Action Defense Barred Police Officer’s Psyche Claim: Cal. Comp. Cases January Advanced Postings (1/20/2016)
Posted on 20 Jan 2016 by California Compensation Cases Staff

Here’s another batch of advanced postings for the January 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

Washington: Tasered Trooper’s Tort Action Against State Patrol Not Barred By Exclusive Remedy Rule
Posted on 2 May 2014 by Larson's Spotlight

A Washington state appellate court held that the state’s exclusive remedy rule did not bar a trooper’s tort action alleging deliberate intentional infliction of “certain injury” sustained when he was “shot” with a Taser... Read More

Applicant’s Perception of Job Stress Supported Compensable Industrial Injury in Form of Stroke: Cal. Comp. Cases July Advanced Postings (7/14/2015)
Posted on 15 Jul 2015 by Robin E. Kobayashi

Here are the third and fourth batches of advanced postings for July 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All... Read More

California: Delay in Payment of Disability Retirement Advances: Is it Subject to an LC 5814 Penalty?
Posted on 3 Mar 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Gage v. County of Sacramento , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, reversing the WCJ in a split panel opinion, held that the defendant’s delay in the payment of disability retirement advances to the applicant deputy sheriff who suffered... Read More

The Role of Presumptions Within the Workers’ Compensation Arena
Posted on 21 Jan 2014 by Thomas A. Robinson

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’ compensation. At the core of the American system of workers’... Read More

Florida: Isolated Pre-Employment High BP Reading Does Not Cause Loss of Presumption of Compensability
Posted on 27 Oct 2017 by Thomas A. Robinson

In a split decision, a Florida appellate court held that a single—abnormally high —blood pressure reading taken at an employment physical eight years before a police officer’s claim for workers’ compensation benefits was not “any... Read More

Delaware: Police Officer’s Cardiac Symptoms Caused By Preexisting Condition—Not Burglary Investigation
Posted on 13 Jul 2013 by Larson's Spotlight

The Supreme Court of Delaware recently affirmed a Superior Court order that in turn affirmed an Industrial Accident Board decision denying a police officer’s petition for compensation arising from an alleged work-related injury. The IAB and Superior... Read More