Workers' Compensation

Recent Posts

Tennessee: Widow Fails in Attempt to Tie Husband’s Pancreatic Cancer to Coal Tar Pitch Exposure at Work
Posted on 8 Nov 2018 by Thomas A. Robinson

In an occupational disease/death case, the evidence in the record did not preponderate against the trial court's determination that a deceased employee's widow failed to establish that her deceased husband’s pancreatic cancer was causally... Read More

Age and Length of Disability for Eight Chronic Conditions
Posted on 27 Apr 2016 by Roger Rabb

Does an aging American workforce mean more time lost due to chronic conditions such as arthritis, cancer, chronic pulmonary disease, coronary artery disease, diabetes, depression, hypertension, and low back pain? It is no secret that the American population... Read More

Request for Additional Information Extended Time to Issue Utilization Review Determination: Cal. Comp. Cases June Advanced Postings (6/15/2016)
Posted on 15 Jun 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the June 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights... Read More

New Study Shows Correlation (But No Direct Causal Link) Between Firefighting and Cancer
Posted on 21 Jan 2014 by Teresa McLoughlin Rice

It is axiomatic that firefighting is a hazardous occupation. But should the more insidious risk of developing cancer be added to list of more obvious hazards faced? Building on previous research that seems to point in this direction, a recent study, Mortality... Read More

Applicant’s Perception of Job Stress Supported Compensable Industrial Injury in Form of Stroke: Cal. Comp. Cases July Advanced Postings (7/14/2015)
Posted on 15 Jul 2015 by Robin E. Kobayashi

Here are the third and fourth batches of advanced postings for July 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All... Read More

The Evolving Risk of Firefighter Cancer: Toxic New Building Materials and Racial Disparities in Developing Cancer
Posted on 16 May 2015 by Karen C. Yotis

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. Firefighters are a breed apart. From the... Read More

Study Estimates Occupational Injuries and Illnesses Cost $250 Billion
Posted on 20 Jan 2012 by John Stahl

Comprehensive Look Shows Astronomical Increase By John M. Stahl, Esq. A study by J. Paul Leigh, Ph.D., estimates that direct and indirect costs of occupational injuries and injuries in 2007 was $250 billion. This is a 71-percent increase since 1992... Read More

Compound Medications Not Found Reasonable and Necessary Under ACOEM Guidelines, MTUS: Cal. Comp. Cases April Advanced Postings (4/15/2015)
Posted on 16 Apr 2015 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for April 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights... Read More

California Workers’ Comp Case Roundup (5/5/2015)
Posted on 5 May 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 4 April 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

Presumption of Cancer 3.5 Years Post-Employment: Cal. Comp. Cases September Advanced Postings (9/5/2013)
Posted on 6 Sep 2013 by California Compensation Cases Staff

The following are advanced postings for the September 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved... Read More

NY: No Apportionment of Death Benefits Where Death was Caused 80 percent by Unrelated Cancer
Posted on 18 Oct 2013 by Larson's Spotlight

The Court of Appeals of New York recently affirmed a lower court’s decision that awarded full death benefits to an employee’s widow where expert medical evidence indicated that the employee’s death had been caused 80 percent by thyroid... Read More

New York: Causal Connection Between Rare Cancer and Employment Chemical Established
Posted on 12 Dec 2014 by Larson's Spotlight

A New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that the deceased employee’s ureteral cancer was causally connected to his employment exposure to a chemical, orthotoluidine. While the chemical... Read More

New York: Claimant Fails to Establish Causal Connection Between Prostate Cancer and Firefighting Duties
Posted on 4 Aug 2017 by Thomas A. Robinson

Reiterating that the burden is upon the claimant to establish—by competent medical evidence—a causal connection between the employment and the claimed disability, a New York appellate court affirmed a determination by the full Board (in a... Read More

Medical Expert Says U.S. Health Industry Often Guilty of “Overkill”
Posted on 21 May 2015 by Thomas A. Robinson

Significant percentage of medical care procedures is unnecessary Much has been written about the explosion of health care costs in the workers’ compensation system. Indeed, most experts agree that medical care expenses now represent more than... Read More