Construing Oregon’s “clear and convincing evidence” standard, along with the state’s requirement that work conditions constitute the “major contributing cause” of the worker’s claimed condition, a state appellate... Read More
Construing North Dakota’s “heart attack/stroke” statute, N.D.C.C. § 65-01-02(11)(a)(3), which generally requires that unusual stress be at least 50 percent of the cause of injury or disease—as compared with all other contributing... Read More
In a divided decision, an Arizona appellate court affirmed the denial of a police officer’s PTSD claim, agreeing with the state’s Industrial Commission that the officer had failed to show that he had been subjected to “unexpected, unusual... Read More
A New York appellate court held that in order to establish a claim for PTSD, it was insufficient for a state correctional officer to show that he had been made to feel threatened--an inmate threatened to do bodily harm to the officer's family--he... Read More
Noting that in order to recover benefits for a stress-related condition under North Carolina's definition of occupational disease, it was insufficient merely to show that the employee endured "employment stressors" as a part of her work... Read More
An Arizona appellate court reversed a decision of the state’s Industrial Commission that denied a PTSD claim filed by a deputy sheriff, finding the Commission had concentrated on the unusual nature of the event which triggered the deputy’s... Read More
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
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
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
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
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
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
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
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
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