Workers' Compensation

Recent Posts

New York: Farmhand’s Claim of Injury While Birthing Calf Fails
Posted on 6 Jul 2018 by Thomas A. Robinson

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

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

South Carolina: Statement to Employer That Employee Was “Pretty Sore” Constituted Notice of Injury
Posted on 22 Apr 2016 by Larson's Spotlight

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

VERMONT TOP CASES, powered by McCormick, Fitzpatrick, Kasper & Buchard, PC (updated 7/11/2016)
Posted on 5 Feb 2013 by Keith J. Kasper

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

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

Vermont Workers’ Compensation Update: April to June 2016
Posted on 11 Jul 2016 by Keith J. Kasper

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

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

Vermont Workers' Compensation Update: January to March 2012
Posted on 6 Apr 2012 by Keith J. Kasper

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

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

Evaluation and Weighing of Medical Opinion Evidence in Longshore Cases
Posted on 16 Apr 2015 by BRBS Longshore Reporter Staff

By Yelena Zaslavskaya, Senior Attorney for Longshore, Office of Administrative Law Judges, U.S. Department of Labor, Washington, D.C. This paper highlights some of the considerations relevant to the determination of the probative value and relative... 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: October to December 2015
Posted on 8 Jan 2016 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Charanko long term WC Specialist II has retired, but she is not going far as she is going to continue her work... Read More

Vermont Workers' Compensation Update: July to September 2012
Posted on 19 Oct 2012 by Keith J. Kasper

DEPARTMENT OF LABOR DECISIONS Westover v North Country Hospital , Opinion No. 19-12WC (July 20, 2012). Claimant found to have CRPS, therefore not at medical end result. Defendant's IME opinions undercut in part due to lack of review of complete... Read More

California: Trial Practice and Procedure Post SB 863
Posted on 21 Feb 2014 by David Bryan Leonard

At the California Workers’ Compensation Defense Attorneys’ Association 2013 Winter Conference, a panel led by the Honorable Anne Horelly, defense attorney Sharon Renzi and applicant’s attorney John Reff presented practical and procedural... Read More