Workers' Compensation

Recent Posts

Rhode Island: Split High Court Says Firefighters Do Not Enjoy Conclusive Presumption Regarding Cancer
Posted on 20 Jan 2020 by Thomas A. Robinson

In a split decision, the Supreme Court of Rhode Island held that R.I. Gen. Laws § 45-19.1-1 does not create a conclusive presumption that a firefighter’s cancer arises out of and in the course of his or her employment. Stressing that no express... Read More

Virginia: Even With Firefighter’s Presumption, Claimant Fails to Show Causal Connection Between Employment and Prostate Cancer
Posted on 21 Aug 2015 by Larson's Spotlight

In addition to its special statutory presumptions of compensability favoring firefighters and police officers claiming respiratory and heart diseases connected with the exertions of their employment, Virginia adds a separate presumption favoring that... Read More

The Evolving Risk of Firefighter Cancer: Toxic New Building Materials and Racial Disparities in Developing Cancer
Posted on 16 May 2015 by Karen C. Yotis

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. Firefighters are a breed apart. From the... Read More

Virginia: Firefighter’s Presumption Requires Entitlement to “Some Form of Economic Indemnity”
Posted on 30 May 2014 by Larson's Spotlight

In an opinion not designated for publication, a Virginia appellate court affirmed a decision by the state’s Workers’ Compensation Commission that held a retired firefighter-medic was not entitled to utilize the state’s “firefighter’s... Read More

Washington: Firefighter’s Valley Fever Not Compensable as a Respiratory Disease
Posted on 4 Sep 2015 by Larson's Spotlight

A Tacoma firefighter, who contended that he had contracted valley fever after inhaling fungal spores while responding to emergency calls on Interstate 5 in Washington state—he alleged the spores were transported by vehicles traveling north from... Read More

Ohio: Firefighter’s Presumption Does Not Apply to ALS
Posted on 9 Nov 2017 by Thomas A. Robinson

An Ohio appellate court ruled recently that a trial court’s refusal to apply the special firefighter’s presumption contained in Ohio Rev. Code Ann. § 4123.68(W) to amyotrophic lateral sclerosis (ALS) was not error, in spite of the employee’s... Read More

California: Firefighter Presumption Extension Given Retroactive Effect
Posted on 14 May 2015 by Richard M. Jacobsmeyer

The 2nd District Court of Appeals has reversed a W.C.A.B. decision which had refused to apply the presumption of causation for cancer to a firefighter based on the amendment to Labor Code § 3212.1 which became effective after diagnosis but before... Read More

Five Recent Cases You Should Know About (1/7/2011)
Posted on 7 Jan 2011 by Larson's Spotlight

Larson's Spotlight on Refusal to Take Drug Test, Tort Action Against Co-Worker, Firefighter Presumption, Employer’s Voluntary Payment of Benefits, and Maximum Medical Improvement. Larson's surveys the latest case developments that you need... Read More