Workers' Compensation

Recent Posts

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. subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Laura... Read More

Florida: JCC Correctly Disregarded Portion of EMA’s Opinion
Posted on 23 Mar 2018 by Thomas A. Robinson

The Judge of Compensation Claims appropriately disregarded the expert medical advisor’s (EMA’s) opinion that a claimant had a permanent impairment rating of at least 15 percent, as provided in the Class 2 classification of arrhythmias under... Read More

New York: Cautious Medical Testimony Dooms Claim for Stroke Allegedly Caused by Work-Related Stress
Posted on 27 Jan 2017 by Thomas A. Robinson

Reiterating the rule that the state’s Workers’ Compensation Board could not rely upon expert medical opinion that amounted to mere speculation, a state appellate court affirmed the Board’s determination that a claimant did not sustain... Read More

Texas: Pro Se Litigant Fails to Establish Causal Connection Between Back Injury and Work-Related Fall
Posted on 2 Feb 2017 by Thomas A. Robinson

Where a pro se litigant testified that she sustained injuries when she slipped and fell during the course and scope of her employment, but she did not introduce expert medical testimony that showed a causal link between her claimed conditions—disc... 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

Arkansas: Commission Resolves Conflicting Medical Evidence Against Employee
Posted on 27 May 2016 by Larson's Spotlight

An Arkansas appellate court affirmed a decision by the state’s Workers’ Compensation Commission that denied an employee additional medical benefits for continued pain management where the court said the Commission considered the medical evidence... Read More

North Carolina: Lay Testimony Insufficient to Establish Asthma Claim
Posted on 16 Mar 2018 by Thomas A. Robinson

The North Carolina Industrial Commission properly denied a worker’s claim for benefits in connection with his alleged work-related asthma on the basis that he failed to present expert medical evidence to establish that the conditions of his employment... Read More