A trial court was correct in finding that a plaintiff-employee had failed to establish an issue of fact in his intentional tort civil action filed against the employer following a serious injury in which the worker's leg was severed above his knee... Read More
Where an employee sustained a severe injury to his right hand that resulted in the amputation of all four fingers and his thumb—surgeons were able to reattach part of the thumb, but it had no pinching ability—the Board did not err when it... Read More
In what appears to be a case of first impression, the WCAB panel in Jaime Torres Tavera v. T and P Farms, Zenith Insurance Company , 2015 Cal. Wrk. Comp. P.D. LEXIS --, reversed the WCJ’s finding and held instead that the extraordinary circumstances... Read More
Where an Ohio worker sustained partial amputation of three fingers on his left hand in an industrial accident, leaving him with a fully functioning thumb and index finger on that hand, he was not entitled to an award for total loss of use of his hand... Read More
Larson's Spotlight on Street Risk Doctrine, Post-Traumatic Stress Disorder, Slip and Fall, and Amputation. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More
An Ohio appellate court agreed with a trial court that an employer could not be held liable, under an intentional tort theory, for serious injuries sustained by an employee who suffered amputation of both legs when two bundles of steel, each weighing... Read More
The Virginia Workers’ Compensation Commission did not commit error when it determined that the running blade prosthetic device requested by claimant was not medically necessary under Va. Code Ann. § 65.2-603. Claimant had suffered a work-related... Read More
A worker wasn’t really disabled just because he had his leg amputated below the knee, according to an argument by the Second Injury Fund in a recent Missouri case. The Fund argued he didn’t have any prior disability because he was working... Read More
Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance . On September 30, 2013, a panel of three commissioners with the Workers’ Compensation Appeals Board (WCAB) denied a request to reconsider... Read More
By John Stahl, Esq. Whether proof that a workers’ compensation claimant ingested marijuana or another illegal substance within a relevant period before sustaining otherwise compensable harm justified denying workers’ compensation benefits... Read More
Here's the first batch of advanced postings for the October 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below. Burrtec Waste Industries, Petitioner v. Workers' Compensation Appeals Board, Debbie Collinwood... Read More