Emphasizing that it was for Georgia’s State Board of Workers’ Compensation to resolve a conflict in the evidence and not for the superior court, which initially reviewed the Board’s decision, a state appellate court reversed and remanded... Read More

The failure, on the part of an injured employee, to abide by lifting restrictions could not alone be sufficient to constitute an independent intervening cause that would relieve his or her employer (or carrier) from the responsibility for continued workers’... Read More

Where an injured worker died from complications following surgery to treat a medical condition that was tied to a work-related injury that had occurred ten years earlier, his widow was entitled to statutory income benefits under Ky. Rev. Stat. §... Read More

In a case with a rather bizarre fact pattern, a Utah appellate court affirmed a state Commission's decision awarding workers' compensation benefits to a trucker who suffered an aggravated injury to her knee when she leaped from the cabin of her... Read More

Workers in Utah with preexisting conditions face an enhanced burden of proof in establishing legal causation. Under the so-called " Allen standard" [see Allen v. Industrial Comm’n , 729 P.2d 15, 25 (Utah 1986)], the injured worker must... Read More

A decision by Louisiana’s Office of Workers' Compensation granting summary judgment in favor of an employer and its workers' compensation insurer was improper where there was a genuine issue of material fact as to whether the employee's... Read More

An Ohio appellate court found that Ohio’s Industrial Commission acted within its discretion with it determined that the ordinarily daily activity of cleansing after using the toilet, which resulted in the exacerbation of the claimant's allowed... Read More

Reversing a decision of a state chancery court that had found an injured worker’s death due to acute oxycodone overdose, coupled with alcohol use, to be compensable, the Supreme Court of Tennessee held that the actions of the worker, in taking more... Read More

A physician’s indication that it was “as likely as not” that an employee’s neck and shoulder injury was causally connected to an earlier work-related injury was insufficient to support a finding of medical causation, held a North... Read More

It is the province of the Mississippi Workers’ Compensation Commission to weigh the evidence—including expert medical testimony. Accordingly, where the Commission gave more weight to the employee’s medical expert—who opined that... Read More

Reminding the parties that the burden of proof consists of two elements: the burden of production and the burden of persuasion, the Supreme Court of Wyoming affirmed the denial of workers’ compensation benefits for back pain that the claimant believed... Read More

A Washington appellate court affirmed a decision that allowed the reopening of an employee’s workers’ compensation claim for a knee injury he suffered while working for his previous employer. The appellate court held that on the record presented... Read More

Affirming a decision of a state trial court, the Supreme Court of Wyoming agreed that an injured worker failed to show that a second round of shoulder surgery was “reasonable and necessary,” in spite of the fact that during the second procedure... Read More

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Charanko long term WC Specialist II has retired, but she is not going far as she is going to continue her work... Read More

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Chadwick Best an Attorney from Michigan will be filling the vacant Specialist II position at the Department SUPERIOR... Read More