Workers' Compensation

Recent Posts

North Dakota: Unusual Stress Required to Support Heart Attack Claims
Posted on 3 Aug 2021 by Thomas A. Robinson

Construing North Dakota’s “heart attack/stroke” statute, N.D.C.C. § 65-01-02(11)(a)(3), which generally requires that unusual stress be at least 50 percent of the cause of injury or disease—as compared with all other contributing... Read More

Mississippi: Unwitnessed Death Found to Have Been Compensable
Posted on 19 Oct 2019 by Thomas A. Robinson

Observing that in Mississippi (as in a number of other states), where a worker is found dead at a place in which her duties required her to be during normal working hours, there is a presumption that the death arose out of and in the course of the employment... Read More

New York: Interaction Between Hair Salon Owner and Difficult Customers Insufficient to Establish Heart Attack Claim
Posted on 31 Jul 2019 by Thomas A. Robinson

Stressing the important role that the state’s Workers’ Compensation Board plays in the weighing of all evidence, even that offered by medical experts, a New York appellate court affirmed the Board’s determination that a hair salon owner... Read More

Larson’s Spotlight on Recent Cases: Illegal Immigration Status Doesn’t Bar Benefits
Posted on 1 Feb 2013 by Larson's Spotlight

Larson's Spotlight on Illegal Aliens, Rehabilitation Services, Lump Sum, and Heart Attack. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... Read More

Kentucky: ALJ’s Findings that Fatal Heart Attack Was Not Causally Linked to Employment Found Erroneous
Posted on 23 Nov 2015 by Larson's Spotlight

Where uncontradicted evidence indicated that the deceased service center manager had been under extreme stress—on the day prior to the manager’s fatal heart attack he had been advised by an EPA representative that the service center’s... Read More

West Virginia: Fatal Heart Attack Tied to “Natural” Causes, Not Heat Exposure
Posted on 30 Jan 2015 by Larson's Spotlight

In a memorandum decision, the Supreme Court of Appeals of West Virginia affirmed a decision by the state Board of Review that found a worker’s death was the result of natural causes—prior to his death, the worker suffered from obesity, high... Read More

New York: Presumption of Compensability Did Not Apply Despite Occurrence of Some Symptoms of Heart Attack While Still at Work
Posted on 6 Apr 2017 by Thomas A. Robinson

New York’s Workers’ Compensation Act includes a presumption of compensability if the employee’s injury occurs while he or she is at work [see N.Y. Work. Comp. Law § 21]. A state appellate court ruled that a widow could not take... Read More

Wyoming: Unusual Exertion Opening Mud-Caked Access Panel Means Fatal Heart Attack Was Compensable Injury
Posted on 2 Oct 2015 by Larson's Spotlight

Where a heavy equipment maintenance worker died following a massive heart attack and prior to the onset of the worker’s cardiac symptoms he complained to his wife that he had great difficulty opening an access panel required to service one of his... Read More

New York: Medical Testimony as to Possible Causes of Heart Attack Did Not Meet Evidentiary Standard
Posted on 9 Jun 2016 by Larson's Spotlight

The New York Workers’ Compensation Board erred when it found that a corrections officer's work activities were causally connected to his myocardial infarction where the employer’s medical expert opined that the infarction was not caused... Read More

New York: Airport Worker’s Work In Freezing Weather Causally Connected to Heart Attack
Posted on 29 Apr 2016 by Larson's Spotlight

Substantial evidence supported a finding by the Board that an employee’s fatal heart attack was causally related to his employment where the decedent and others were called upon to deal with a frozen valve, the decedent was required to travel outside... Read More

Larson’s Spotlight on Recent Cases: Idiopathic Fall From Bridge Arose From Employment
Posted on 29 Mar 2013 by Larson's Spotlight

Larson's Spotlight on Idiopathic Fall, Hepatitis, Slip and Fall, and Heart Attack. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law ... Read More

Treatment at Different Location Not Considered Treatment Outside MPN: Cal. Comp. Cases November Advanced Postings (11/3/2015)
Posted on 3 Nov 2015 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the November 2015 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All... Read More

Maine: Widow Awarded Death Benefits for Husband’s Death on Home Treadmill
Posted on 30 Jan 2015 by Larson's Spotlight

Maine’s Supreme Judicial Court has affirmed an award of workers’ compensation death benefits to the widow of a national charity’s financial advisor who died of a heart attack while exercising on a treadmill at his home. Utilizing the... Read More

North Carolina: Undocumented Worker’s Fatal Heart Attack While Fleeing Immigration Service Raid on Employer Was Not Compensable
Posted on 9 May 2014 by Larson's Spotlight

The death of a lumber mill employee, who came to the United States from Mexico, who had used falsified documentation to obtain employment, and who suffered a fatal heart attack as he and other undocumented workers ran from the employer’s premises... Read More