Workers' Compensation

Recent Posts

Tinnitus and Hearing Loss: Noteworthy AMA Guides Cases
Posted on 12 Jul 2013 by LexisNexis Occupational Injuries & Illnesses S

Each year in the medico-legal treatise Occupational Injuries and Illnesses (LexisNexis), we survey court decisions involving the AMA’s Guides to the Evaluation of Permanent Impairment. Here are some interesting cases involving tinnitus and hearing... Read More

Injury to the Ear, Tinnitus: Is it More of an Injury Than We Think? Are We Missing Something Here?
Posted on 12 Jul 2013 by BRBS Longshore Reporter Staff

By Steven M. Birnbaum, Law Offices of Steven M. Birnbaum, San Rafael, California Section 908(a)(13) (33 U.S.C.S. § 908(a)(13)(E)) defines compensation for disability under the Longshore and Harbor Workers' Compensation Act (33 U.S.C.S. §... Read More

Kentucky Workers’ Compensation Board Opinions for August 2012
Posted on 5 Oct 2012 by Roland Legal PLLC

By Marcus A. Roland, Esq. The Kentucky Workers' Compensation Board rendered 52 decisions for the month of August, 2012. Summaries regarding opinions of note are set forth below. Bush v. Jack Cooper Transport, et al , Claim No. 2007-7362 (August... Read More

Occupational Hearing Loss - Evaluating an Ounce of Prevention Where There Is No Cure
Posted on 19 Jun 2014 by Teresa McLoughlin Rice

First-in-its-kind study concludes better testing than that currently mandated could lead to earlier detection of affected workers The old adage “what cannot be cured must be endured” most certainly applies to the permanency of hearing loss... Read More

Update from the Benefits Review Board (May 2014)
Posted on 9 May 2014 by BRBS Longshore Reporter Staff

By Karen Koenig, Associate General Counsel, Longshore Benefits Review Board, United States Department of Labor Washington, D.C. BRB News On April 30, 2014, Chairman and Chief Administrative Appeals Judge Nancy S. Dolder retired after 29 years of... Read More

California: Appellate Court Publishes Opinion Reversed PTD Award Without Apportionment
Posted on 10 Aug 2013 by Richard M. Jacobsmeyer

The Court of Appeal 1st District) has issued an opinion reversing a 100% award for an employee where the Court determined the WCJ and W.C.A.B. ignored substantial evidence of apportionment and remanded the case back to the W.C.A.B. to more fully consider... Read More

Louisiana: High Court Says Noise-Induced Hearing Loss Falls “Squarely” Within Parameters of State Comp Act
Posted on 8 May 2015 by Larson's Spotlight

In a split decision, the Supreme Court of Louisiana held that occupational noise-induced hearing loss (“NIHL”) fell squarely within the parameters of the state’s Workers’ Compensation Act (LWCA), either the pre–1990 definition... Read More

Five Recent Workers’ Comp Cases You Should Know About (9/16/2011) – Sale of Assets to "New" Employer Does Not Mean It is Responsible for 100 Percent of Hearing Loss Claim
Posted on 17 Sep 2011 by Larson's Spotlight

Larson's Spotlight on Hearing Loss, Occupational Disease, Dismissal of Claim, Loss of Sight, and RICO. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More

California: A Radical/Diametrical Change in the Law of Apportionment
Posted on 13 Sep 2013 by Raymond F. Correio

ACME STEEL v. WCAB (BORMAN): ANOTHER PUBLISHED DECISION FROM THE COURT OF APPEAL REMINDING US ONCE AGAIN THAT LABOR CODE §4663 IS A RADICAL/DIAMETRICAL CHANGE IN THE LAW OF APPORTIONMENT . Attention Lexis Online Subscribers: Citations link to... Read More

Kentucky: Hearing Impairment Limitation Ruled Unconstitutional
Posted on 30 Mar 2018 by Thomas A. Robinson

A Kentucky statute, Ky. Rev. Stat. Ann. § 342.7305(2), which provides workers’ compensation benefits for occupational hearing loss only where a claimant’s binaural hearing impairment, converted to impairment of the whole person, results... Read More

I Can See Clearly Now, Just Can’t Hear So Good
Posted on 12 Jun 2012 by Stephen C. Embry

By Stephen Embry, Embry and Neusner, Groton, Connecticut In the study of the law styled jurisprudence, there are many schools of thought. Some students of the law believe that past cases predict the future and that precedent must prevail. In this... Read More

Kentucky Workers’ Compensation Board Opinions for August 2012
Posted on 5 Oct 2012 by Roland Legal PLLC

By Marcus A. Roland, Esq. The Kentucky Workers' Compensation Board rendered 52 decisions for the month of August, 2012. Summaries regarding opinions of note are set forth below. Bush v. Jack Cooper Transport, et al , Claim No. 2007-7362 (August... Read More

I Can See Clearly Now, Just Can’t Hear So Good
Posted on 12 Jun 2012 by Stephen C. Embry

By Stephen Embry, Embry and Neusner, Groton, Connecticut In the study of the law styled jurisprudence, there are many schools of thought. Some students of the law believe that past cases predict the future and that precedent must prevail. In this... Read More

Five Recent Workers’ Comp Cases You Should Know About (9/16/2011) – Sale of Assets to "New" Employer Does Not Mean It is Responsible for 100 Percent of Hearing Loss Claim
Posted on 17 Sep 2011 by Larson's Spotlight

Larson's Spotlight on Hearing Loss, Occupational Disease, Dismissal of Claim, Loss of Sight, and RICO. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More

LA: Former International Paper Employees Sue for Alleged Hearing Loss
Posted on 3 Jun 2010 by LexisNexis Workers' Comp Law Newsroom Staff

RAPIDES PARISH, LA - TheTownTalk.com reports that more than 150 former employees of International Paper's Pineville mill have filed a lawsuit against IP for alleged hearing loss. Read More