Workers' Compensation

Recent Posts

New York: Medical Evidence Must Show More than Possible Connection Between Injury and Employment
Posted on 18 Oct 2020 by Thomas A. Robinson

Where claimant's physician testified that it was "difficult to determine" when claimant's meniscus tear occurred and that there was "a strong possibility" that something which happened at work could have exacerbated claimant's... 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

West Virginia: Supreme Court Says No Support for Board's Medical Findings
Posted on 26 Jul 2020 by Thomas A. Robinson

In spite of the deference afforded West Virginia's Workers' Compensation Board of Review when it comes to fact-finding, the state's Supreme Court, in a memorandum decision, reversed the Board's decision that awarded benefits for a worker's... Read More

Hawaii: Pointing to Other, "Potential" Causes is Insufficient to Overcome Hawaii's Presumption of Compensability
Posted on 26 Jul 2020 by Thomas A. Robinson

Hawaii's presumption of compensability cannot be overcome merely by the employer's offer of evidence that some cause, other than the employment, was medically plausible in producing the injured worker's condition or illness, held the Supreme... Read More

New York: Employer and Carriers Do Not Waive Right to Cross-Examine Medical Experts Where They Fail to Enforce Subpoenas
Posted on 20 May 2020 by Thomas A. Robinson

Testimony and medical reports prepared by two physicians were properly excluded by a New York WCLJ where the employer's carriers caused multiple subpoenas duces tecum to be served on the physicians and on multiple occasions, the doctors refused to... Read More

South Carolina: Commission's Credibility Determinations as to Claimant Cannot Justify Ignoring Objective Medical Evidence of Injury
Posted on 27 Apr 2020 by Thomas A. Robinson

Acknowledging the broad discretion allowed to South Carolina's Workers' Compensation Commission when it comes to credibility determinations, the Supreme Court of South Carolina nevertheless reversed a Commission decision denying an employee's... 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

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: Maximum Medical Improvement Determination Requires “Appropriate” Expert Medical Evidence
Posted on 22 Mar 2019 by Thomas A. Robinson

While it is the duty the ALJ to determine the facts, including whether or not an injured worker has reached MMI status, that determination may not be made without the support of appropriate medical evidence, held a Colorado appellate court. Accordingly... Read More

New York: Medical Opinions May Not Be Based Upon Mere “Possibility”
Posted on 4 Jan 2019 by Thomas A. Robinson

Substantial evidence supported the New York Workers' Compensation Board's decision finding that the claimant did not sustain a causally-related cervical spine injury because the medical testimony contained conflicting findings as to whether the... Read More

United States: Claimant Establishes Legal Pneumoconiosis in Spite of Conflicting Medical Evidence
Posted on 4 Jan 2019 by Thomas A. Robinson

A claimant, who smoked cigarettes and worked as a coal miner for 30 years and who developed severe breathing problems after he stopped working in the coal mines was properly awarded benefits under the Black Lung Benefits Act, 30 U.S.C.S. § 901 et... Read More

Larson’s Spotlight on Recent Cases: North Dakota Refuses to Adopt Positional Risk Doctrine
Posted on 20 Apr 2012 by Larson's Spotlight

Larson's Spotlight on Positional Risk Doctrine, Medical Evidence, Total Permanent Disability, and Deviation From Employment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

OHIO: Lapse of Time Between Incident and Treatment Amplifies Need for Expert Testimony on Causation
Posted on 26 Jul 2013 by Larson's Spotlight

It is often said that just as the “instantaneous nature of an observed causal progression is a familiar element in cases dispensing with medical testimony, so a delay between the accident and the symptoms, disability or death diminishes any such... Read More

CWCI Estimates California Workers’ Comp Drug Testing Costs Hit $98 Million in 2011
Posted on 23 May 2012 by California Workers' Compensation Institute

A new California Workers’ Compensation Institute (CWCI) study finds that widespread use of narcotic painkillers to treat work-related injuries – including relatively minor injuries where their use is not supported by medical evidence -- has... Read More

Res Judicata Barred Petition to Reopen for New and Further Psychiatric Disability: Cal. Comp. Cases June Advanced Postings (6/7/12)
Posted on 7 Jun 2012 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the June 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Laura... Read More