Workers' Compensation

Recent Posts

Ohio: Worker’s Intentional Tort Action Against Employer Fails
Posted on 24 Apr 2015 by Larson's Spotlight

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

Virginia: Specialized “Running Blade” Prosthesis Found Not to be Medically Necessary
Posted on 1 Dec 2017 by Thomas A. Robinson

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

Missouri: SIF Argues Prior Amputation of Leg Is Not a Disability
Posted on 28 Jan 2014 by Martin Klug

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

California: Home Health Care in the Context of a Psychiatric Injury
Posted on 11 Oct 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

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

New York: Amputation of Fingers and Thumb Results in Award That Exceeds Amount for Total Loss of Hand
Posted on 1 Jun 2017 by Thomas A. Robinson

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

California Official Medical Fee Schedule: The Death of the Extraordinary Circumstances Exception Post-2004
Posted on 28 Mar 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

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

Ohio: No Total Loss of Use of Hand Where Three Fingers Were Partially Amputated
Posted on 16 Feb 2017 by Thomas A. Robinson

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 Spotlight on Recent Cases: Street-Risk Doctrine Applied to Verizon Worker Assaulted by Random Stranger
Posted on 26 Apr 2013 by Larson's Spotlight

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

Amputated Fingertips, Marijuana, and Oxycontin Vapors: Larson's and the Law of Intoxication
Posted on 21 Sep 2012 by John Stahl

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

Cal. Comp. Cases October Advanced Postings (9/29/2010)
Posted on 29 Sep 2010 by California Compensation Cases Staff

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

Amputated Fingertips, Marijuana, and Oxycontin Vapors: Larson's and the Law of Intoxication
Posted on 21 Sep 2012 by John Stahl

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