Workers' Compensation

Recent Posts

Mississippi: Benefits Awarded in Spite of Cautious Medical Testimony
Posted on 7 Mar 2021 by Thomas A. Robinson

An award of benefits for an employee’s stress fracture in her right foot was appropriate, held a Mississippi appellate court, in spite of the fact that her physician had testified that the employee’s repetitive activity at work was a “possible”... Read More

New York: To Support Apportionment, Prior Condition Must Be Disabling, Not Just Symptomatic
Posted on 3 Apr 2015 by Larson's Spotlight

A New York appellate court held it was error to apportion an injured worker’s permanent disability based on medical testimony that 10 percent of the impairment was due to a 2009 work-related injury and that the rest was due to a 1981 work-related... Read More

NC: Cautious Medical Testimony Dooms Employee’s Claim of Aggravation Injury
Posted on 8 Nov 2013 by Larson's Spotlight

A physician’s indication that it was “as likely as not” that an employee’s neck and shoulder injury was causally connected to an earlier work-related injury was insufficient to support a finding of medical causation, held a North... Read More

North Carolina: Cautious Medical Testimony Does Not Amount to Mere Speculation
Posted on 19 Aug 2016 by Thomas A. Robinson

Where the former employee’s medical expert candidly allowed that he could not offer a medical opinion to a degree of absolute certainty that removed all speculation, but that he could say, to a reasonable degree of medical certainty, that the former... Read More

Florida: Self-Help Physician May Not “Bootstrap” Medical Necessity of Treatment into Evidence
Posted on 13 Oct 2016 by Thomas A. Robinson

§ 440.13(5)(e), Fla. Stat., by its plain language, excludes from workers’ compensation proceedings the medical opinions of any doctor (other than independent medical examiners and expert medical advisors) who has not been authorized by the... Read More

Duty to Develop Record When Inadequate Medical History Regarding Applicant’s Marijuana Use: Cal. Comp. Cases April Advanced Postings (4/16/2013)
Posted on 17 Apr 2013 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the April 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2013 LexisNexis. All rights... Read More

Missouri: Knee Injury Produces Dire “Natural” Consequences
Posted on 24 May 2012 by Martin Klug

After claimant returned to work to unrestricted duty following a knee surgery he reported multiple additional accidents from falling and each new claim added different body parts. The employer argued the second injury fund was liable for a PTD claim due... 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

Missouri: Knee Injury Produces Dire “Natural” Consequences
Posted on 24 May 2012 by Martin Klug

After claimant returned to work to unrestricted duty following a knee surgery he reported multiple additional accidents from falling and each new claim added different body parts. The employer argued the second injury fund was liable for a PTD claim due... Read More