Workers' Compensation

Recent Posts

New York: Equivocal Medical Testimony Sinks Claim for Myocardial Infarction
Posted on 21 Nov 2020 by Thomas A. Robinson

A New York appellate court held sufficient evidence supported the Board's determination that a worker's myocardial infarction was not causally connected to his employment, where the worker's expert opined that it was "possible" that... Read More

Ohio: Compensability of "Flow-Through" Injury Does Not Depend Upon its Foreseeability
Posted on 21 Nov 2020 by Thomas A. Robinson

In determining whether a "flow-through" or consequential injury is compensable, the claimant need not show that the second injury was foreseeable, given the nature of the first, held an Ohio appellate court. While a claimant was required to... Read More

Virginia: No Compensable "Injury" Unless There is "Mechanical or Structural Change" in Body Part
Posted on 21 Nov 2020 by Thomas A. Robinson

Virginia's "sudden mechanical or structural change" element serves two functions, held the state's Supreme Court. On the one hand, its purpose was to require that an injury arise from an "accident," and not merely arise as... Read More

Illinois: Injuries Arising From "Common Bodily Movements" May be Compensable
Posted on 26 Oct 2020 by Thomas A. Robinson

Overruling Adcock v. Illinois Workers’ Compensation Comm’n , 2015 IL App (2d) 130884WC, and its progeny, to the extent that those decisions held injuries attributable to common bodily movements or routine everyday activities, such as bending... Read More

Kentucky: Death Following Surgery is Compensable in Spite of Passage of 10 Years
Posted on 18 Oct 2020 by Thomas A. Robinson

Where an injured worker died from complications following surgery to treat a medical condition that was tied to a work-related injury that had occurred ten years earlier, his widow was entitled to statutory income benefits under Ky. Rev. Stat. §... Read More

West Virginia: Carpal Tunnel Claim Denied for Funeral Home Worker
Posted on 20 Nov 2019 by Thomas A. Robinson

The Supreme Court of Appeals of West Virginia affirmed a decision by the state’s Workers’ Compensation Board of Review that had denied workers’ compensation benefits to a funeral home apprentice director/embalmer who contended his carpal... Read More

Tennessee: Widow Fails in Attempt to Tie Husband’s Pancreatic Cancer to Coal Tar Pitch Exposure at Work
Posted on 8 Nov 2018 by Thomas A. Robinson

In an occupational disease/death case, the evidence in the record did not preponderate against the trial court's determination that a deceased employee's widow failed to establish that her deceased husband’s pancreatic cancer was causally... Read More

New York: Claimant Fails to Establish Causal Connection Between Prostate Cancer and Firefighting Duties
Posted on 4 Aug 2017 by Thomas A. Robinson

Reiterating that the burden is upon the claimant to establish—by competent medical evidence—a causal connection between the employment and the claimed disability, a New York appellate court affirmed a determination by the full Board (in a... Read More

Wyoming: Commission Did Not Err In Accepting Seven Medical Expert’s Opinions Instead of Claimant’s Non-Expert Theory of Causation
Posted on 10 Nov 2016 by Thomas A. Robinson

Where the record established that the potential causes of a worker’s syncopal episodes were numerous and complex, the Wyoming Medical Commission did not abuse its discretion by accepting the evidence from seven medical experts, including the worker’s... Read More

Causation and Effect: Workers’ Comp Experts Discuss Impact of Rising Costs on Causation Standards
Posted on 19 Nov 2012 by John Stahl

By John Stahl, Esq. Widespread confusion regarding the difference between medical causation and legal causation, and why one claim of compensable harm may be accepted while a virtually identical claim or other seemingly “clear cut” case... Read More

MO: Toxic Exposure From Fumes Hanging In Air
Posted on 4 Nov 2011 by Martin Klug

Claimant worked 10 years in Jasper County making components for battery cells and developed a rare cancer, IgA myeloma. As a result of either the condition or the stem cell transplant and chemotherapy, he required treatment for about 5 years for kidney... Read More

Causation and Effect: Workers’ Comp Experts Discuss Impact of Rising Costs on Causation Standards
Posted on 19 Nov 2012 by John Stahl

By John Stahl, Esq. Widespread confusion regarding the difference between medical causation and legal causation, and why one claim of compensable harm may be accepted while a virtually identical claim or other seemingly “clear cut” case... Read More

Five Recent Cases You Should Know About (5/13/2011)
Posted on 13 May 2011 by Larson's Spotlight

Larson's Spotlight on Firefighters and Cancer, Medical Causation, Fact Finder, Spider Bite, and Fraud. 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