Workers' Compensation

Recent Posts

Depression: The Hidden Cost of Compensable Work Injuries
Posted on 28 Jan 2013 by LexisNexis Workers' Comp Law Newsroom Staff

Collateral damage from a compensable incident often extends well beyond physical harm that stems from the initial injury. The psychological effects of even short-term disabilities, pursuing workers’ compensation benefits, and anxiety regarding an... Read More

If I Only Had a Brain…… DE IAB Rules On Issue Of “Biological Depression” and Brain Impairment
Posted on 14 Aug 2013 by Cassandra Roberts

I love it when people read my mind. I also love it when I have a guest blogger. So today’s post is a happy constellation of circumstance, thanks to Kim Harrison of Marshall, Dennehy. Kim contacted me yesterday on the very case that was slated for... Read More

North Carolina: Court Explains Important Difference Between “Sequence” and “Consequence”
Posted on 9 Jan 2015 by Larson's Spotlight

A North Carolina appellate court affirmed a state Industrial Commission decision that found, in relevant part, that a worker’s depression was causally connected to a work-related injury and, therefore, compensable. The employer contended that testimony... Read More

Depression and Absenteeism: $23 Billion in Lost Productivity for U.S Employers
Posted on 27 Jul 2013 by LexisNexis Workers' Comp Law Newsroom Staff

Gallup recently conducted a two-year study (2011-2012) surveying 237,615 full-time employees and 66,010 part-time employees. Key findings and takeaways for the 2011-2012 study period: 1. Full-time workers diagnosed with depression missed work an... Read More

Up in Smoke: How Employers Are Using Disclosures in Medical Marijuana Cards to Defeat Claims for Workers’ Compensation
Posted on 14 Dec 2011 by Robin E. Kobayashi

Employers are scoring victories by using injured workers’ disclosures in their medical marijuana cards to help defeat claims for workers’ compensation benefits. Note: Trial level decisions, while not binding authority, often deal with cutting... Read More

Arizona: Portion of Former Soldier’s PTSD Disability Apportioned to Special Fund
Posted on 23 Jun 2016 by Larson's Spotlight

As is the case in a number of states, Arizona allows “apportionment” of certain permanent injury claims between an employer and a “special fund” where the employee’s permanency results from the combination of a pre-existing... Read More

Tennessee: With PTSD Claim, Objective, Not Subjective, Test to Be Used In Determining If Stress Was Unusual
Posted on 22 Jan 2016 by Larson's Spotlight

In a decision not yet designated for publication, Tennessee’s Special Workers’ Compensation Appeals Panel affirmed a trial court’s denial of an employee’s claim for psychological injuries, depression and PTSD on the grounds that... 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

Surviving the Great Recession: Getting By With a Little Help From Our Meds
Posted on 24 Feb 2015 by Karen C. Yotis

By Karen C. Yotis, Esq. and Robin E. Kobayashi, J.D. It’s a no brainer that when the economy takes a deep dive, our collective psychological well-being also ends up under water. Just reading about mass layoffs, homeless families, and bankruptcies—much... Read More

California: Home Health Care in the Context of a Psychiatric Injury
Posted on 11 Oct 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance . On September 30, 2013, a panel of three commissioners with the Workers’ Compensation Appeals Board (WCAB) denied a request to reconsider... Read More

Missouri: Groin Injury Changes Man’s Life
Posted on 27 Jul 2013 by Martin Klug

An owner of an excavation business slipped in January 1999, did the splits, and had a groin injury that changed his life. Turner v Turner Excavating , 2013 MOWCLR Lexis 118 (lexis.com), 2013 MOWCLR Lexis 118 (Lexis Advance) (July 10, 2013). He had been... Read More

Age and Length of Disability for Eight Chronic Conditions
Posted on 27 Apr 2016 by Roger Rabb

Does an aging American workforce mean more time lost due to chronic conditions such as arthritis, cancer, chronic pulmonary disease, coronary artery disease, diabetes, depression, hypertension, and low back pain? It is no secret that the American population... Read More

Missouri: No Comp Benefits For a Prosecutor's Ordinary Stress
Posted on 17 Mar 2015 by Martin Klug

A state prosecutor worked for nine years at Jackson County and claims working too hard made him depressed, impaired his ability to concentrate and rendered him unemployable. Kersten v Jackson County , 2015 Mo WCLR Lexis 19 (lexis.com), 2015 Mo WCLR Lexis... Read More

Workplace Wellness Programs Return on Investment and Implementation Tips
Posted on 3 Feb 2013 by Rebecca A. Shafer

By Rebecca A. Shafer, J.D., President, Amaxx Risk Solutions, Inc. Michael Stack, Editor and Director of Operations, Amaxx LLC. Robin E. Kobayashi, J.D., LexisNexis Legal & Professional Operations, LexisNexis Workers’ Compensation Law Community... Read More

Hawaii: Worker’s Depression Caused by “Misperception” of Work Event, Not the Event Itself
Posted on 16 Jan 2015 by Larson's Spotlight

Where an employee’s claimed “psychological condition” was the result of his “misperception of various events and communications” and “was not caused or aggravated by work but was entirely imported by [the employee]... Read More