Workers' Compensation

Recent Posts

New York: Close Proximity of Time Between Injury and Firing Supports Retaliation Claim
Posted on 23 Apr 2020 by Thomas A. Robinson

Observing that the state's Workers' Compensation Board had found the claimant's testimony credible, according to which the claimant's supervisor "stormed off" when the claimant advised that he would be filing a workers' compensation... Read More

California: So You Think You Know Who Has the Burden of Proof on Apportionment?
Posted on 2 Feb 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Prior to Senate Bill 899, the law was clear as to which party had the burden of proof on the apportionment issue. If defendant could not provide substantial evidence that there was either pre-existing PD or a progressive disease process, apportionment... Read More

LHWCA: Responsible Employer Determination in Cases Involving Multiple Traumatic Injuries: Seeking Analytical Clarity
Posted on 29 Feb 2012 by BRBS Longshore Reporter Staff

By Yelena Zaslavskaya, Senior Attorney for Longshore Office of Administrative Law Judges, U.S. Department of Labor, Washington, D.C. Relevant Precedent [fn1] Case precedent prescribes the rules for identifying the responsible employer/carrier in cases... Read More

California: Court Rules Labor Code Section 3208.3 Burden of Proof Falls on Applicant
Posted on 29 Mar 2012 by Richard M. Jacobsmeyer

The Second District Court of Appeals has reversed a W.C.A.B. award of psychiatric injury for an employee with less than 6 months employment and in doing so has provided valuable additional guidance on the criterion for meeting the statutory exception... Read More

Compensable Knee Injury Upheld for Soccer Playing Applicant: Cal. Comp. Cases December Advanced Postings (12/12/2012)
Posted on 12 Dec 2012 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the December 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Ecolab... Read More

Missouri: No Benefits for Alleged Fume Exposure
Posted on 2 May 2012 by Martin Klug

Claimant lost his claim against the second injury fund when he failed to prove an accident that his alleged exposure to muriatic acid fumes caused a heart attack. Poarch v Treasurer of the State of Missouri , 2012 Mo. App. Lexis 592 (May 1, 2012). The... Read More

The Thin Line Between Horseplay and the Initial Physical Aggressor Defense
Posted on 7 Oct 2011 by Calif. WCAB Noteworthy Panel Decisions Reporter

A recent California case with a wild factual scenario provides guidance on the important factual distinctions between horseplay and the initial physical aggressor defense California Labor Code Section 3600 sets forth a number of conditions that must... Read More

Cal. Comp. Cases September Advanced Postings (9/1/2011)
Posted on 1 Sep 2011 by California Compensation Cases Staff

Here's the first batch of advanced postings for the upcoming September issue of California Compensation Cases. Lexis.com subscribers can link to the "writ denied" cases to read the complete headnotes and summaries. Interwoven, Inc., American... Read More

Wyoming: Burden of Proof Includes the “Burden of Persuasion”
Posted on 30 Aug 2013 by Larson's Spotlight

Emphasizing that the burden of proof contains two elements: (i) the burden of production and (ii) the burden of persuasion, the Supreme Court of Wyoming recently affirmed a trial court’s finding that a claimant failed to establish a causal connection... Read More

Missouri: Commission Guts Benefits to Sex Assault Victim
Posted on 10 May 2012 by Martin Klug

When there is no other evidence on the issue of rate, the statutory minimum rate of $40 a week applies. The claimant has the burden to prove rate. Boilerplate pleading asserting the "maximum" rate on a claim did not entitle claimant to the statutory... Read More

Diligent Search for Work or Just Diddling Around
Posted on 14 Oct 2011 by Paul B. Howell

By Paul B. Howell, Franke & Salloum, PLLC, Gulfport, Mississippi Most cases under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C.S. § 901 , et seq. , involve the issue of a claimant's entitlement to disability. Disability... Read More

New York: Widow Establishes Death Benefits Claim Without § 21(1) Presumption
Posted on 11 Aug 2017 by Thomas A. Robinson

A state appellate court held that while it was inappropriate for the Board to apply the presumption of compensability found in N.Y. Work. Comp. Law § 21(1), given the fact that the issue was whether decedent was actually performing his duties at... Read More

California Workers’ Comp Case Roundup (4/6/2015)
Posted on 6 Apr 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 3 March 2015 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE... Read More

District of Columbia: Court Construes Burden Shifting Framework Required to Pass on Employer’s Termination of Benefits Request
Posted on 6 Nov 2015 by Larson's Spotlight

Where an employer has accepted a claim and paid workers’ compensation benefits, but later moves to terminate or modify those benefits, the employer has the burden of proving by a preponderance of the evidence that conditions have changed such that... Read More

Arkansas: No Compensation Where Fall is Due to Idiopathic Cause
Posted on 26 Jan 2018 by Thomas A. Robinson

The Supreme Court of Arkansas affirmed a finding by the state’s Commission that a grocery store worker had not shown that her brain injury arose out of and in the course of her employment where the worker claimed she sustained an unexplained, compensable... Read More