Workers' Compensation

Recent Posts

Georgia: Second Fall at Home Broke Chain of Causation Related to Earlier Injury
Posted on 3 Oct 2021 by Thomas A. Robinson

Emphasizing that it was for Georgia’s State Board of Workers’ Compensation to resolve a conflict in the evidence and not for the superior court, which initially reviewed the Board’s decision, a state appellate court reversed and remanded... Read More

Pennsylvania: Employee’s Suicide Was Compensable
Posted on 3 Aug 2021 by Thomas A. Robinson

A decision of Pennsylvania’s Workers’ Compensation Appeal Board awarding death benefits to the surviving spouse and child of an employee who committed suicide was supported by substantial evidence in the record in spite of the fact that the... Read More

New York: No Recovery for Claimed Lyme Disease Claim
Posted on 28 Jul 2021 by Thomas A. Robinson

A safety and security officer, who filed a claim seeking to recover workers’ compensation benefits for alleged Lyme disease almost six years after he filed a report with his employer indicating he had suffered two tick bites, failed to establish... Read More

Arizona: Employee’s Fall Due to Idiopathic Condition is Not Compensable
Posted on 22 May 2021 by Thomas A. Robinson

Quoting liberally from Larson’s Workers’ Compensation Law , an Arizona appellate court affirmed a decision by the state’s Industrial Commission that found an employee’s injuries did not arise out of and occur within the course... Read More

West Virginia: Nurse’s Fall on Level, Unobstructed Floor Found to be Compensable
Posted on 22 May 2021 by Thomas A. Robinson

A hospital nurse’s unexplained fall while walking to lunch in a level, unobstructed hospital tunnel was compensable, held the Supreme Court of Appeals of West Virginia in a memorandum decision. The Court’s decision follows that of the majority... Read More

Illinois: Injuries Arising From "Common Bodily Movements" May be Compensable
Posted on 26 Oct 2020 by Thomas A. Robinson

Overruling Adcock v. Illinois Workers’ Compensation Comm’n , 2015 IL App (2d) 130884WC, and its progeny, to the extent that those decisions held injuries attributable to common bodily movements or routine everyday activities, such as bending... Read More

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