Workers' Compensation

Recent Posts

Iowa: Claimant Fails to Establish Causal Connection Between Legionnaires’ Disease and His Employment
Posted on 31 Jul 2019 by Thomas A. Robinson

Noting that a workers’ compensation claimant’s expert medical witnesses appeared to be completely unaware of the prophylactic measures taken by the employer to prevent contamination of its internal water system and that the employer’s... Read More

OHIO: Lapse of Time Between Incident and Treatment Amplifies Need for Expert Testimony on Causation
Posted on 26 Jul 2013 by Larson's Spotlight

It is often said that just as the “instantaneous nature of an observed causal progression is a familiar element in cases dispensing with medical testimony, so a delay between the accident and the symptoms, disability or death diminishes any such... Read More

Larson’s Spotlight on Recent Cases: No Benefits for Salmonella Poisoning From Catered Lunch
Posted on 8 Feb 2013 by Larson's Spotlight

Larson's Spotlight on Course and Scope, Exclusive Remedy, and Causal Connection. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has... 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

Employers/Insurers Who Treat Ebola as Occupational Disease Do So at Their Peril
Posted on 23 Oct 2014 by Thomas A. Robinson

Workers in any profession can show a work connection to ebola and need not prove that ebola is a risk peculiar to their job Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading... Read More

Virginia: Court Affirms Denial of Unwitnessed Death Claim
Posted on 6 Feb 2015 by Larson's Spotlight

Continuing its stance within the minority of states that refuse to provide a presumption of compensability in cases in which a worker suffers fatal injuries in an unwitnessed accident, a Virginia court has affirmed the denial of death benefits to the... Read More

The Top 10 Bizarre Workers' Comp Cases for 2013
Posted on 2 Jan 2014 by Thomas A. Robinson

© Copyright 2014 LexisNexis. All rights reserved. For reprint permission, contact Robin.E.Kobayashi@lexisnexis.com . During the past several Januarys, I’ve shared with readers my annual list of bizarre workers’ compensation cases for... Read More

Tennessee: Store Manager’s PTSD Found Compensable After Encounter With Purse Snatchers
Posted on 28 Aug 2015 by Larson's Spotlight

A store manager who sustained injuries in her employer’s parking lot after she pursued two persons, posing as customers, who stole her purse from the store, could recover workers’ compensation benefits for psychological injuries in the nature... 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

Utah: High Court Clarifies Direct and Natural Results Test; Second Injury Compensable Only if First Injury Was “Significant Contributing Cause”
Posted on 28 Aug 2015 by Larson's Spotlight

A school bus driver, who sustained a compensable back injury in 2003, when he fell down the steps of his school bus could, under an appropriate factual finding, recover additional workers’ compensation benefits when four years later a child jumped... Read More

Kentucky: Claimant’s Lay Testimony Insufficient to Establish Causal Connection Between Her Need for Additional Treatment and Work-Related Injuries 23 Years Earlier
Posted on 3 Jul 2014 by Larson's Spotlight

Testimony by a claimant that she continued to have pain and discomfort almost 23 years after sustaining a work-related back injury, together with a physician’s notes that indicated those same complaints had been recounted to the doctor at an office... Read More

Kansas: Employee Fails to Prove Peanut Allergy Related to Her Employment
Posted on 5 Sep 2014 by Larson's Spotlight

A Kansas appellate court affirmed the denial of a worker’s claim that she had developed a peanut (or related) allergy while working at the employer’s candy factory, holding that the evidence supported the finding that she had failed to prove... Read More

Michigan: No Retaliatory Discharge Where Injured Employee Left Work Without Appropriate Excuse
Posted on 20 Mar 2015 by Larson's Spotlight

In an unpublished decision, a Michigan appellate court affirmed a trial court’s grant of summary judgment favoring an employer in an injured worker’s retaliatory discharge action, finding that plaintiff could not make the requisite showing... Read More

Oregon: Employer Need Not Pay for Additional Surgery Since Procedure Was Only Tangentially Related to Original Injury
Posted on 5 Jun 2015 by Larson's Spotlight

An Oregon court held substantial evidence supported a decision by the state’s Workers’ Compensation Board that medical services requested by a claimant were not compensable under Or. Rev. Stat. § 656.245(1)(a), which requires the employer... 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