Workers' Compensation

Recent Posts

New York: Mental Injury Caused by Ordinary Supervision is Not Compensable
Posted on 19 Oct 2018 by Thomas A. Robinson

Substantial evidence supported the Workers' Compensation Board's factual determination that the claimant's depressive condition was not compensable, because claimant's supervisors described normal oversight and monitoring practices undertaken... Read More

North Carolina: Bank Employee’s Tort Action for Failure to Provide Stress-Free Work Environment Fails
Posted on 15 Aug 2018 by Thomas A. Robinson

A North Carolina appellate court affirmed the dismissal—on exclusive remedy grounds—of a civil action filed by a former bank employee against her former employer and supervisor alleging that the defendants had failed to exercise reasonable... Read More

Workers' Comp Fraud Blotter (9/29/2011) – Slippery Slope: Injured Worker Received Benefits While Working Secretly As a Ski Instructor
Posted on 2 Oct 2011 by LexisNexis Workers' Comp Newsroom Fraud Team

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and... Read More

Dan in Real Life…….and the Denial of a Stress Claim in Delaware
Posted on 18 Feb 2013 by Cassandra Roberts

Today I violate my usual rule of "do not blog about thyself." For months I have been telling my opponent Mike Bednash that, for better or worse, this case was headed for the blog. And it's a stress claim-so who doesn't want to read about... Read More

Tennessee: With PTSD Claim, Objective, Not Subjective, Test to Be Used In Determining If Stress Was Unusual
Posted on 22 Jan 2016 by Larson's Spotlight

In a decision not yet designated for publication, Tennessee’s Special Workers’ Compensation Appeals Panel affirmed a trial court’s denial of an employee’s claim for psychological injuries, depression and PTSD on the grounds that... Read More

Mississippi: Managing Partner’s Failure to Secure Coverage Could Not Be Construed as Election to Be Exempt From Comp Act
Posted on 2 Jul 2015 by Larson's Spotlight

Following the pattern of a number of states, Mississippi allows sole proprietors, partners in a partnership, or owners of 15 percent or more of a corporation to elect to be exempt from the state’s Workers’ Compensation Act if the partner,... Read More

National and State-by-State Workers' Comp News Roundup Powered by Larson's (8/20/2012)
Posted on 20 Aug 2012 by LexisNexis Workers' Comp Law Newsroom Staff

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: California Ruling May Boost NFL’s Shot at Concussion... Read More

Fighting Fire with Fire – The Impact of Obesity on Firefighter Health
Posted on 6 Sep 2014 by LexisNexis Occupational Injuries & Illnesses S

A sure sign of the concern mounting over the rate of obesity in the U.S. is the number of studies that are coming out analyzing the issue from a myriad of different angles. One of the most recent, Adiposity Predicts Self-Reported Frequency of Poor Health... Read More

California: Physical Injury That Is a Result of Work Related Stress
Posted on 29 Sep 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

The ongoing confusion under McCoy of whether causation thresholds and affirmative defenses provided for in Labor Code § 3208.3 (lawful, good-faith, nondiscriminatory personnel action) apply to a physical injury that is the manifestation of work related... Read More

New York: Pressure to File False Reports Constitutes Unusual Level of Stress and Supports Award for Mental Injury
Posted on 17 Jul 2015 by Larson's Spotlight

As is the case with a number of other states, New York allows recovery for work-related stress if the claimant can show that the stress that caused the injury was greater than that which other similarly situated workers experienced in the normal work... Read More

North Carolina: Auto Parts Employee Awarded Extensive TTD Benefits for PTSD Following Robbery
Posted on 12 Feb 2016 by Larson's Spotlight

A North Carolina appellate court affirmed an award of continuing TTD benefits to a salesperson and driver for an auto parts store who complained of chest pains and a throbbing headache following an armed robbery at the employer’s store, but was... Read More

Pennsylvania: Claimant Fails to Show Psychic Injury Resulted From Abnormal Conditions
Posted on 12 Dec 2014 by Larson's Spotlight

In Pennsylvania, a claimant seeking benefits for a psychic injury must meet a higher standard for causation by proving that (a) he or she suffered a psychic injury; and (b) his or her psychic injury was more than a subjective reaction to normal working... Read More

Obesity in the Workforce – An Expanding Problem
Posted on 5 Sep 2014 by LexisNexis Occupational Injuries & Illnesses S

American waistlines are expanding, with the adult obesity rate estimated by some to be as high as 40%. The obesity rate in the workforce has historically been lower than that of the general population, but this too is on the increase. Obese workers reportedly... Read More

Maine: Widow Awarded Death Benefits for Husband’s Death on Home Treadmill
Posted on 30 Jan 2015 by Larson's Spotlight

Maine’s Supreme Judicial Court has affirmed an award of workers’ compensation death benefits to the widow of a national charity’s financial advisor who died of a heart attack while exercising on a treadmill at his home. Utilizing the... Read More

Pennsylvania: Stressed-Out Teacher Forfeited Right to Additional Disability Benefits When She Turned Down Job at Stress-Free School
Posted on 28 May 2015 by Larson's Spotlight

Section 306(b)(3) of the Pennsylvania Workers’ Compensation Act generally requires an employer to provide a specific written notice to a claimant if it seeks to modify existing workers’ compensation benefits based, inter alia, on medical evidence... Read More