Workers' Compensation

Recent Posts

Silicosis: An Ancient Disease Plagues Construction, Fracking and Engineered Countertop Workers
Posted on 15 Nov 2015 by Robin E. Kobayashi

Silicosis, an occupational lung disease caused by inhalation of crystalline silica dust, can be traced back to ancient Greeks and Romans. In the early 18th century, the noted Italian physician Bernardino Ramazzini observed sand-like substances in the... Read More

New Arthritis Study Shows O*Net Could Help Predict Chronic Disease
Posted on 18 Sep 2014 by Thomas A. Robinson

A recent study points to a positive and consistent relationship between O*NET ratings of physical job demands and the risk of contracting arthritis later in life. Importantly, the study also demonstrates the utility of using such O*NET job descriptors... Read More

New York: Employee’s Preexisting Asthma Insufficient to Support Employer’s Request for Relief from Special Disability Fund
Posted on 14 Jul 2017 by Thomas A. Robinson

A New York employer was not entitled to receive reimbursement from the Special Disability Fund pursuant to N.Y. Work. Comp. Law § 15(8)(d) unless it could establish three things: (1) that the injured worker had a preexisting permanent impairment... Read More

Kansas: To Bar Recovery, Drug Impairment Must Be Contemporaneous With Onset of Injury or Condition
Posted on 25 Apr 2014 by Larson's Spotlight

A Kansas appellate court held that the state’s statutory provision barring workers’ compensation benefits to “impaired” workers, K.S.A. 2010 Supp. 44-501(d)(2), requires the employer to prove the worker was impaired at the time... Read More

Black Mold Aggravates Applicant’s Pre-Existing Asthma: Cal. Comp. Cases February Advanced Postings (2/13/2014)
Posted on 14 Feb 2014 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the February 2014 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All... Read More

North Carolina: Lay Testimony Insufficient to Establish Asthma Claim
Posted on 16 Mar 2018 by Thomas A. Robinson

The North Carolina Industrial Commission properly denied a worker’s claim for benefits in connection with his alleged work-related asthma on the basis that he failed to present expert medical evidence to establish that the conditions of his employment... Read More

Hawaii: Aggravation of Asthma by “Vog”—Volcanic Smog—Found Compensable
Posted on 14 Feb 2014 by Larson's Spotlight

Vacating a decision by the state’s Intermediate Court of Appeals, the Supreme Court of Hawaii recently held that an employee’s claim for the aggravation of his asthma resulting from alleged work-related exposure to volcanic smog—a combination... Read More