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
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
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
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
§ 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
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
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
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