Workers' Compensation

Recent Posts

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

Christina’s World…… and the Ever-Generous Delaware Causation Threshold
Posted on 20 Oct 2014 by Cassandra Roberts

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

Texas: City of Port Arthur v. Brown
Posted on 2 Nov 2011 by Stuart D. Colburn

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

How to Utilize a Medical Expert and Effectively Present Causation Opinions
Posted on 17 Feb 2017 by Stuart D. Colburn

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

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

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

Request for Additional Information Extended Time to Issue Utilization Review Determination: Cal. Comp. Cases June Advanced Postings (6/15/2016)
Posted on 15 Jun 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

Applicant’s Two Injuries Combined Met Requisite 51 Percent Causation Standard for Compensable Psychiatric Injury: Cal. Comp. Cases May Advanced Postings (5/10/2016)
Posted on 11 May 2016 by California Compensation Cases Staff

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

Four Doctors and a Claimant—A Study In Lymphedema At the Delaware IAB
Posted on 10 Oct 2012 by Cassandra Roberts

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

New Jersey: State High Court Says Telecommuter's Death Was Not Causally Related to Her Work
Posted on 1 Aug 2014 by Larson's Spotlight

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

North Carolina: Supreme Court Adopts “Parsons Presumption” Regarding Medical Care
Posted on 15 Jun 2017 by Thomas A. Robinson

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

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

No Boundaries – RIMS 2012 Annual Conference & Exhibition
Posted on 12 Apr 2012 by Jennifer Jordan

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

Injured Worker’s Death Due to Overdose of Medication: Breaking the Chain of Causation
Posted on 12 Apr 2017 by LexisNexis Workers' Comp Law Newsroom Staff

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