Workers' Compensation

Recent Posts

Georgia: Second Fall at Home Broke Chain of Causation Related to Earlier Injury
Posted on 3 Oct 2021 by Thomas A. Robinson

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

Tennessee: Pain Alone Cannot Constitute Second Injury, No Disqualification After Violating Lifting Weight Limits
Posted on 11 Apr 2021 by Thomas A. Robinson

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

Kentucky: Death Following Surgery is Compensable in Spite of Passage of 10 Years
Posted on 18 Oct 2020 by Thomas A. Robinson

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

Utah: Trucker's Leap From Truck to Avoid Potential Fire and Explosion Was Sufficiently Unusual to Support Aggravation Claim
Posted on 28 Jun 2020 by Thomas A. Robinson

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

Utah: Worker Succeeds in Showing Enhanced Burden of Proof Regarding her Preexisting Condition Injury
Posted on 28 Jun 2020 by Thomas A. Robinson

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

Louisiana: Epidural Injection During Treatment May Have Caused Worker’s Subsequent Infection
Posted on 21 Feb 2019 by Thomas A. Robinson

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

Ohio: Claimant Suffers Compensable Aggravation During Routine Act of Cleansing After Toilet Use
Posted on 19 Jul 2018 by Thomas A. Robinson

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

Tennessee: Injured Worker’s Death Due to Overdose Was Not Compensable
Posted on 14 Apr 2017 by Thomas A. Robinson

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

NC: Cautious Medical Testimony Dooms Employee’s Claim of Aggravation Injury
Posted on 8 Nov 2013 by Larson's Spotlight

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

Mississippi: Benefits Awarded for Staph Infection Caused by Epidural Injections for Lumbar Injury
Posted on 3 Nov 2017 by Thomas A. Robinson

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

Wyoming: Burden of Proof Has Two Elements: Burden of Production and Burden of Persuasion
Posted on 16 May 2014 by Larson's Spotlight

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

Washington: Reopening of Claim Allowed Since Employee Suffered Aggravation of Old Injury, Not New One
Posted on 25 Jul 2014 by Larson's Spotlight

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

Wyoming: Injured Worker Unable to Show Second Shoulder Surgery Was “Reasonable and Necessary” to Treat Original Condition
Posted on 16 Feb 2017 by Thomas A. Robinson

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

Vermont Workers' Compensation Update: October to December 2015
Posted on 8 Jan 2016 by Keith J. Kasper

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

Vermont Workers' Compensation Update: January to March 2014
Posted on 8 Apr 2014 by Keith J. Kasper

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