Workers' Compensation

Recent Posts

New York: Medical Evidence Must Show More than Possible Connection Between Injury and Employment
Posted on 18 Oct 2020 by Thomas A. Robinson

Where claimant's physician testified that it was "difficult to determine" when claimant's meniscus tear occurred and that there was "a strong possibility" that something which happened at work could have exacerbated claimant's... Read More

Hawaii: Pointing to Other, "Potential" Causes is Insufficient to Overcome Hawaii's Presumption of Compensability
Posted on 26 Jul 2020 by Thomas A. Robinson

Hawaii's presumption of compensability cannot be overcome merely by the employer's offer of evidence that some cause, other than the employment, was medically plausible in producing the injured worker's condition or illness, held the Supreme... Read More

Missouri: Injuries at Doctor’s Office Did Not Arise Out of and in Course of Employment
Posted on 17 May 2020 by Thomas A. Robinson

Finding that the risk of being tripped while at a doctor's office for treatment of a work-related exposure to an insecticide was a risk to which the employee was equally exposed outside her employment, a Missouri appellate court affirmed a decision... Read More

Virginia: Sudden Gust of Wind Was Act of God, No Work-Related Injury
Posted on 17 May 2020 by Thomas A. Robinson

A Virginia appellate court affirmed a determination by the state's Workers' Compensation Commission denying workers' compensation benefits to a public school security officer who sustained injuries in a fall on school property during a windy... Read More

West Virginia: Carpal Tunnel Claim Denied for Funeral Home Worker
Posted on 20 Nov 2019 by Thomas A. Robinson

The Supreme Court of Appeals of West Virginia affirmed a decision by the state’s Workers’ Compensation Board of Review that had denied workers’ compensation benefits to a funeral home apprentice director/embalmer who contended his carpal... Read More

Virginia: “Two-Cause” Rule Fails to Aid Worker Who Was Disabled Due to Preex-isting Kidney Disease
Posted on 27 Aug 2019 by Thomas A. Robinson

Quoting Larson’s Workers’ Compensation Law , and reiterating the usual, “two-cause” rule: that where a work-related disability combines with a nonwork-related disability to prevent the injured worker from continuing to work, the... Read More

Kansas: Marijuana Test Results Should Have Been Admitted into Evidence
Posted on 21 Feb 2019 by Thomas A. Robinson

Reiterating that in Kansas, because of multiple concerns, the rules of evidence do not apply to workers’ compensation hearings, a Kansas appellate court held the state’s Workers’ Compensation Board should not have excluded the results... Read More

Larson’s Spotlight on Recent Cases: Alcohol and Drug Use Did Not Break Chain of Causation
Posted on 21 Nov 2012 by Larson's Spotlight

Larson's Spotlight on Causation, Total Permanent Disability, Viagra, and Substantially Certain. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's 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

California: Keys to Proving Apportionment: The Bullet Proof List
Posted on 25 Feb 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

The apportionment statutes were massively revised by the 2004 workers’ compensation reform package. However, apportionment was one of the only areas of the workers’ compensation law that did not get hit by the most recent reform legislation... Read More

Larson’s Spotlight on Recent Cases: Injured HVAC Worker Established “Odd Lot” Status
Posted on 9 Mar 2012 by Larson's Spotlight

Larson's Spotlight on Odd Lot, Causation, Farm Laborer, Immunity From Exclusive Remedy . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... Read More

Larson’s Spotlight on Recent Cases: Illegal Immigration Status Doesn’t Bar Benefits
Posted on 1 Feb 2013 by Larson's Spotlight

Larson's Spotlight on Illegal Aliens, Rehabilitation Services, Lump Sum, and Heart Attack. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... Read More

Larson’s Spotlight on Recent Cases: Civil Action Against Supervisor Moves Forward
Posted on 8 Jun 2012 by Larson's Spotlight

Larson's Spotlight on Civil Action Against Co-Employee, Exclusive Remedy, Volunteer Status, and Causation Involving Fatal Overdose. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer... Read More

Pennsylvania: Claimant Fails to Show Psychic Injury Resulted From Abnormal Conditions
Posted on 12 Dec 2014 by Larson's Spotlight

In Pennsylvania, a claimant seeking benefits for a psychic injury must meet a higher standard for causation by proving that (a) he or she suffered a psychic injury; and (b) his or her psychic injury was more than a subjective reaction to normal working... Read More

California Workers’ Comp Case Roundup (6/10/2015)
Posted on 10 Jun 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 5 May 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