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
Today’s case du jour is inspired by Fred Freibott’s daughter Christina. She was Ivy League (field hockey) Player of the Week last week and has now been profiled in Sports Illustrated. Not only is she a hockey player par excellence, she is... Read More
This case [ 2011 Tex. App. LEXIS 7881 ] concerns when a jury can disregard the testimony of the only expert who provided opinions or testimony to a jury. Tanner Brown was a City of Port Arthur (City) employee injured during a low-impact collision while... Read More
The seminal causation paper will never be written. This fact provides the author at least some comfort as this paper briefly wades into the agenda-driven minefield of causation in a workers’ compensation claim. Causation, like beauty, is often... Read More
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
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
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
By Julius Young, Esq., Richard M. Jacobsmeyer, Esq., Barry D. Bloom, Co-Editors-in-Chief, Herlick, California Workers' Compensation Handbook This 2016 edition is the 35th edition of Herlick, California Workers’ Comp Handbook (hereinafter... Read More
Here’s the latest batch of advanced postings for the May 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
Thought I was done posting this week until I heard from Don Marston with a little tutorial on lymphedema. Now how could I turn that one down? So here you have it: "Here is a case that may have some appeal for your blog. Lymphedema is not... Read More
The Supreme Court of New Jersey reversed an award of workers' compensation death benefits to the surviving spouse of an employee who died as a result of an embolism she suffered after working through the night on a work-related project at her home... Read More
Affirming the state’s Court of Appeals in relevant part, the Supreme Court of North Carolina adopted the “ Parsons presumption” [see Parsons v. Pantry, Inc. , 126 N.C. App. 540, 485 S.E.2d 867 (1997)]: Once the employee meets the initial... Read More
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
By Jennifer C. Jordan, Esq. The annual conference held by the Risk and Insurance Management Society is being held April 15 through April 18 at the Philadelphia Convention Center and, as always, is anticipated to be the biggest gathering of insurance... Read More
Key takeaways from a recent Tennessee case for both injured workers and employers When do an injured worker’s actions, which led to a tragic overdose of opioids in the Kilburn case, constitute an independent intervening cause and thereby release... Read More