Workers' Compensation

Recent Posts

Oregon: Stress Claim Fails Under State’s “Major Contributing Cause” Standard
Posted on 1 Jan 2022 by Thomas A. Robinson

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

North Dakota: Unusual Stress Required to Support Heart Attack Claims
Posted on 3 Aug 2021 by Thomas A. Robinson

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

Arizona: Police Officer’s PTSD Claim is Not Compensable
Posted on 28 Jul 2021 by Thomas A. Robinson

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

New York: Stress Must be Proved According to Objective, Not Subjective Standard
Posted on 26 Oct 2020 by Thomas A. Robinson

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

North Carolina: Insurance Adjuster Fails to Show Stresses of Her Job Were Sufficient to Establish Occupational Disease Claim
Posted on 27 Aug 2020 by Thomas A. Robinson

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

Arizona: Unusual Stress, Not Unusual Event, Key to Deputy’s Entitlement to PTSD Benefits
Posted on 10 Mar 2020 by Thomas A. Robinson

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

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