Workers' Compensation

Recent Posts

North Carolina: Expert’s Accident Reconstruction Testimony Sinks Employee’s Claim
Posted on 30 Sep 2016 by Thomas A. Robinson

A North Carolina court affirmed a finding by the state’s full Industrial Commission that a patient food service technician’s torn rotator cuff did not arise out of and in the course of the employment where the Commission found compelling testimony... Read More

New York: Surveillance Video Dooms Worker's "Attack of the Elevator Doors" Claim
Posted on 23 Feb 2018 by Thomas A. Robinson

Noting that the New York Workers’ Compensation Board has broad authority to resolve factual issues based on credibility of witnesses, a state appellate court affirmed the denial of benefits to a state hearing officer who claimed she was seriously... Read More

Vermont Workers' Compensation Update: April to June 2013
Posted on 10 Jul 2013 by Keith J. Kasper

VERMONT SUPREME COURT DECISIONS Brown v W.T. Martin Plumbing & Heating, Inc. , 2013 VT 38 [ 2013 VT 38 ] (Jun. 21, 2013). Court reverses decisions of both the Commissioner and de novo bench determination (Judge Wesley) in determining that CRPS... Read More

Missouri: Split Supreme Court Awards Bills on Hypertensive Event
Posted on 7 Jul 2016 by Martin Klug

The Missouri Supreme Court reversed a denial of benefits in a divided 4-3 opinion and found there was sufficient evidence in an expert’s written report to find medical causation, despite the fact the ALJ, the Commission, and the Court of Appeals... Read More

Texas: Pro Se Litigant Fails to Establish Causal Connection Between Back Injury and Work-Related Fall
Posted on 2 Feb 2017 by Thomas A. Robinson

Where a pro se litigant testified that she sustained injuries when she slipped and fell during the course and scope of her employment, but she did not introduce expert medical testimony that showed a causal link between her claimed conditions—disc... Read More

New York: Truck Driver Proves Back Injury Claim in Spite of Contradictory "Black Box" Data
Posted on 23 Feb 2018 by Thomas A. Robinson

A New York appellate court affirmed the Board’s determination that a truck driver had sustained a back injury in the course and scope of his employment in spite of the fact that the driver’s version of what happened differed from data generated... Read More

Vermont Workers' Compensation Update: October to December 2012
Posted on 10 Jan 2013 by Keith J. Kasper

VERMONT SUPREME COURT DECISIONS Estate of Dunn v. Windham Northeast Supervisory Union , 2012 VT 93 (2012) . Section 624(e) does not allow for reimbursement to the workers' compensation carrier for payment from life insurance policy "because... Read More

Vermont Workers' Compensation Update: October to December 2012
Posted on 10 Jan 2013 by Keith J. Kasper

VERMONT SUPREME COURT DECISIONS Estate of Dunn v. Windham Northeast Supervisory Union , 2012 VT 93 (2012) . Section 624(e) does not allow for reimbursement to the workers' compensation carrier for payment from life insurance policy "because... 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