Substantial evidence supported a decision by New York’s Workers’ Compensation Board that denied benefits to a claims examiner who contended she suffered a shoulder injury in a work-related fall at her office where she waited 19 months before... Read More
A Louisiana appellate court affirmed a WCJ's finding that an employer had not reasonably controverted a claim in spite of the employer's evidence that the injured worker had a preexisting co-morbid condition -- a congenital single kidney -- that... Read More
Acknowledging the broad discretion allowed to South Carolina's Workers' Compensation Commission when it comes to credibility determinations, the Supreme Court of South Carolina nevertheless reversed a Commission decision denying an employee's... Read More
A New York appellate court reiterated the important legal point that while it is true that, absent substantial evidence to the contrary, N.Y. Work. Comp. Law § 21(1) affords a presumption that an accident that occurs in the course of employment also... 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
DEPARTMENT OF LABOR DECISIONS Touchette v Vermont Slate and Roofing , Opinion No. 1-12WC, 2012 VT Wrk. Comp. LEXIS 5 (Jan. 13, 2012). In 2007, Claimant, a New York resident, suffers a work-related back injury in Vermont with a Vermont employer. In... Read More
Reiterating the rule that the state’s Industrial Commission has broad discretion in weighing medical evidence and determining the credibility of conflicting expert opinions, the Supreme Court of Idaho, in a split decision, affirmed a Commission... Read More
DEPARTMENT OF LABOR DECISIONS Carr v. Verizon New England, Inc. , Opinion No. 8-11WC (Apr. 29, 2011). On cross motions for summary judgment Claimant's death claim fails as Claimant fails to show that his trip on a scheduled vacation date was related... Read More
Today’s post comes to us from Wade Adams of Liberty Mutual. He is our guest blogger and I will leave it to him to tell the tale: "This is a case where Dr. Rudin performed a lumbar fusion on a claimant who had a negative MRI, but positive... Read More
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
This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Argentina Kearney has joined the Department of Labor staff as a Workers’ Compensation Specialist II starting May... 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
Evidence that one day after moving tires, rims and heavy frame equipment while cleaning his employer’s shop, an auto body paint technician told the employer’s owner that he was “pretty sore” and he “must have hurt [himself... Read More
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
This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Argentina Kearney has joined the Department of Labor staff as a Workers’ Compensation Specialist II starting... Read More