Workers' Compensation

Recent Posts

Texas: Internet Research Insufficient to Show Plaintiff's Cancer Was Tied to Work-place Conditions
Posted on 9 Dec 2020 by Thomas A. Robinson

Stressing the importance of expert medical testimony in establishing a connection between cancer and the work environment, an appellate court in Texas affirmed a trial court's order granting a former employer summary judgment in a case in which the... Read More

Tennessee: Party's Presentation of Medical Evidence that Disagrees with IME Physician's Opinion is Insufficient to Rebut Presumption of Correctness
Posted on 27 Aug 2020 by Thomas A. Robinson

Acknowledging that the statutory presumption of correctness afforded the opinion of an independent medical evaluator who had been selected from Tennessee's Medical Impairment Registry ("MIR") could be rebutted by clear and convincing evidence... Read More

Missouri: Commission Has Broad Discretion in Allowing Introduction of Medical Evidence
Posted on 10 May 2019 by Thomas A. Robinson

The Missouri Labor and Industrial Relations Commission has broad discretion in considering and receiving expert medical evidence, held a state appellate court. That discretion is in fact so broad that it was empowered to accept the opinion of an audiologist... Read More

Colorado: Court Refuses to Give Presumptive Deference to DIME Physician's Opinion
Posted on 26 Apr 2019 by Thomas A. Robinson

Acknowledging that under Colo. Rev. Stat § 8-42-107(8)(b)(III), a division-sponsored independent medical examination (“DIME”) physician’s opinions concerning MMI and impairment are afforded presumptive weight, a state appellate... Read More

Idaho: Claimant Fails to Show Accident Was Predominant Cause of Need for Psychological Care
Posted on 2 Jun 2016 by Larson's Spotlight

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

California: The AME/PQME Quagmire on Determining Medical Necessity Post SB 863
Posted on 21 May 2013 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. © Copyright 2013 LexisNexis. All rights reserved. Excerpts of this article will appear in a future edition of Rassp & Herlick, California Workers' Compensation Law . Attention Lexis Online Subscribers: Citations... 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

Tennessee: Court Awards PTD Benefits for Migraines in Spite of AMA Guides (6th ed.)
Posted on 7 Dec 2016 by Thomas A. Robinson

The Special Workers’ Compensation Appeals Panel of the Supreme Court of Tennessee affirmed an award of PTD benefits to an X-ray technician who contended her migraine headaches were triggered by exposure to chemicals at a medical clinic where she... Read More

Tennessee: Injured Worker’s Testimony Sufficient to Establish Total Disability in Spite of Light Work Capabilities
Posted on 2 Feb 2017 by Thomas A. Robinson

In an unpublished opinion, the special appeals panel of the Tennessee Supreme Court has affirmed a finding that an injured employee was entitled to permanent and total disability benefits in spite of the fact that a functional capacity evaluation (FCE... Read More