Workers' Compensation

Recent Posts

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

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

Green v. City of Los Angeles: Refresh of Apportionment
Posted on 22 May 2014 by Charles Clark

Rejection of the Black Box Approach By Charles Edward Clark, Esq. 1 INTRODUCTION In the years since E.L. Yeager Construction v. Workers' Comp. Appeals Bd. (Gatten) (2006) 145 Cal.App.4th 922 [ 71 Cal.Comp.Cases 1687 ], apportionment analysis... Read More

Ohio: Claimant Required to Show Fall Was Not Due to Idiopathic Condition
Posted on 27 Oct 2017 by Thomas A. Robinson

Where an employee sustained a broken hip in a fall at work, with no clear reason for the fall, but where the employee’s medical record indicated that she suffered from various medical conditions, including diabetes mellitus type II, thyroid disease... Read More

Illinois: Where Trier of Fact Believes Employer’s Non-Pretextual Reason for Discharge, Employee Fails to Carry His or Her Burden of Proof
Posted on 12 Dec 2014 by Larson's Spotlight

The Supreme Court of Illinois held that in a retaliatory discharge action, the burden of proof is on the discharged employee to show that the employment was terminated and that the termination was in retaliation for the employee’s actions, that... Read More

MO: Fall Out Of Bed Defeats Causation
Posted on 13 Oct 2010 by Martin Klug

A company president tripped over a telephone cord at work but failed to prove her radius fractures arose from work and not from falling out of bed the following morning. The court in Bond v Site Line Surveying , WD 72142 (Mo. App. 10-12-10), agreed that... Read More

A New Trend in Delaware? Tybout "Dream Team" Overcome DCD Petitions on Causation
Posted on 19 Apr 2011 by Cassandra Roberts

It is a rare minority of Delaware IAB cases that yield a ruling in favor of the employer, especially on an original petition for benefits, in this jurisdiction called a Petition to Determine Compensation Due. This week I am profiling two successful outcomes... Read More

Texas Appeals Panel Decision No. 100308 - Causation
Posted on 12 Oct 2010 by Stuart D. Colburn

By Stuart D. Colburn, Shareholder, Downs Stanford The Claimant worked as a security guard. A nearby refinery released chemical fumes including naphthalene. The Claimant alleged an occupational exposure and sought medical care from two different... 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