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