Workers' Compensation

Recent Posts

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: 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: 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: 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

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

Unresolved Lien Claims to Be Heard at Lien Trial Regardless of Whether Lien Was Listed on Declaration of Readiness: Cal. Comp. Cases June Advanced Postings (5/26/2016)
Posted on 26 May 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the June 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights... Read More

Illinois: Claimant’s Self-Treatment of Foot Blister Does Not Break Chain of Causation
Posted on 6 May 2016 by Larson's Spotlight

A claimant’s self-treatment in the form of lancing a blister on his foot with a sterilized needle was not an independent intervening act that would break the chain of causation between the work-related blister and a subsequent infection, held an... 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

Recent Developments Regarding the Scope and Application of the Zone of Special Danger Doctrine
Posted on 13 Mar 2015 by BRBS Longshore Reporter Staff

By Mark A. Reinhalter, Counsel for Longshore, Office of the Solicitor, U.S. Department of Labor, Washington, D.C. More than ten years of engagement in Iraq and Afghanistan have produced considerable litigation under the Defense Base Act, 42 U.S.C.S... Read More

Larson’s Spotlight on Recent Cases: Going and Coming Rule as Tool, Not a Substantive Doctrine
Posted on 12 Apr 2013 by Larson's Spotlight

Larson's Spotlight on Going and Coming, Suicide, Causation, and Disqualification for Benefits. 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

Missouri: Employee Need Not Show Comp Claim Was Exclusive Factor in Retaliatory Firing
Posted on 18 Apr 2014 by Larson's Spotlight

A divided Supreme Court of Missouri held that in order to make a submissible case for retaliatory discharge under § 287.780 R.S.Mo., an employee must demonstrate that his or her filing of a workers’ compensation claim was a “contributing... Read More

California Workers' Comp Case Roundup (6/14/2014)
Posted on 14 Jun 2014 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 79 No. 5 May 2014 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

Massachusetts: Judge Has Broad Discretion in Weighing Causation Evidence
Posted on 19 May 2016 by Larson's Spotlight

The Massachusetts Industrial Accident Reviewing Board erred when it reversed an administrative judge’s decision that awarded benefits for a claimant’s left shoulder injury. The Board found that the judge had mischaracterized the findings of... Read More