When I was little, they called me "Sandy" for a period of time. A select few, who thought it was "cute." By the time I was nine, my assertive, aggressive qualities kicked in, and I would have none of it, this "Sandy" business... Read More
A North Carolina appellate court affirmed a state Industrial Commission decision that found, in relevant part, that a worker’s depression was causally connected to a work-related injury and, therefore, compensable. The employer contended that testimony... Read More
An employer need not pay the cost of supplying an injured employee with a spinal cord stimulator where both the employee’s testimony and that of the employer’s medical experts indicated the stimulator did not alleviate the pain associated... Read More
A serious question needs to be asked about whether requiring the use of one Qualified Medical Evaluator (QME) in a workers’ compensation case, as opposed to the use of “battling QME’s”, has reduced litigation or has actually served... Read More
Reminding the parties that the burden of proof consists of two elements: the burden of production and the burden of persuasion, the Supreme Court of Wyoming affirmed the denial of workers’ compensation benefits for back pain that the claimant believed... Read More
The 2nd District Court of Appeal has issued an opinion in Batten v W.C.A.B ., wherein the applicant had challenged the W.C.A.B.’s interpretation of recent statutory changes and in particular Labor Code § 4605 concerning self procured medical... Read More
An injured worker’s contention that she still suffered significant pain was not sufficient to contradict the Commission’s finding that the worker had nevertheless reached a point of maximum medical improvement, held an Idaho court. In fact... Read More
This case [ 2011 Tex. App. LEXIS 7881 ] concerns when a jury can disregard the testimony of the only expert who provided opinions or testimony to a jury. Tanner Brown was a City of Port Arthur (City) employee injured during a low-impact collision while... Read More
The seminal causation paper will never be written. This fact provides the author at least some comfort as this paper briefly wades into the agenda-driven minefield of causation in a workers’ compensation claim. Causation, like beauty, is often... Read More
Larson's Spotlight on Presumption of Compensability, Social Security Offset, Exclusive Remedy and Co-Employee Immunity, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the... Read More
Larson's Spotlight on Willful Misconduct, Intoxication, Agility Test, and Cross-Examination of Physician. 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