Workers' Compensation

Recent Posts

North Carolina: Insurance Adjuster Fails to Show Stresses of Her Job Were Sufficient to Establish Occupational Disease Claim
Posted on 27 Aug 2020 by Thomas A. Robinson

Noting that in order to recover benefits for a stress-related condition under North Carolina's definition of occupational disease, it was insufficient merely to show that the employee endured "employment stressors" as a part of her work... Read More

New York: Court Clarifies State's Definition of Occupational Disease
Posted on 26 Jul 2020 by Thomas A. Robinson

Stressing that in New York, an occupational disease is one "resulting from the nature of employment and contracted therein [see N.Y. Workers' Comp. Law § 2[15]], and not from environmental conditions at the workplace , a state appellate... Read More

Washington: No Occupational Disease Award Available for PTSD
Posted on 9 Feb 2020 by Thomas A. Robinson

Acknowledging that in Washington there were some circumstances in which an employee could recover for post-traumatic stress disorder (PTSD), e.g., if it had been caused by a sudden and tangible happening, and had occurred “from without,” ... Read More

Florida: Heightened Burden Sinks Claim for Fungal Meningitis
Posted on 5 Jan 2020 by Thomas A. Robinson

A Florida appellate court held that a Judge of Compensation Claims erred in awarding workers’ compensation benefits to a claimant for an alleged toxic exposure claim in the form of fungal meningitis in as much as the statutes in question—§... Read More

Maryland: Degenerative Knee Condition is Compensable as Occupational Disease
Posted on 14 Sep 2019 by Thomas A. Robinson

A divided Maryland appellate court held sufficient evidence existed to support a finding that a paramedic/firefighter had, over time, developed meniscal tears in his right knee and that he, therefore, qualified for benefits for an occupational disease... Read More

New York: Claimant Gets Second Chance at Establishing Aspergillosis Claim
Posted on 16 Jun 2019 by Thomas A. Robinson

A finding by the New York Workers’ Compensation Board that a worker had failed to establish his claim for an occupational disease in the form of allergic bronchopulmonary aspergillosis did not prevent the worker from subsequently establishing an... Read More

Oregon: Court Draws Important Distinction Between “Susceptible to” and “Preexisting Condition”
Posted on 10 May 2019 by Thomas A. Robinson

In Oregon, the old adage, “The employer takes employees as it finds them,” doesn’t always apply. With regard to occupational disease claims, for example, the claimant must prove that his or her employment was the “major contributing... Read More

Washington: Narrow Definition of “Injury” Means Public Defender May Be Able to Sue Employer for Work-Related PTSD
Posted on 22 Mar 2019 by Thomas A. Robinson

A county public defender, who alleged that she sustained a mental injury in the form of PTSD following a harrowing period of time in which she was allegedly stalked and harassed by a "client," may move ahead with a civil action filed against... Read More

Oregon: “Impossible” Doesn’t Always Mean Literally Impossible
Posted on 21 Feb 2019 by Thomas A. Robinson

As is the case in a number of jurisdictions, in Oregon a presumptively responsible employer in an occupational disease claim may avoid liability, shifting such liability to a previous employment, if it can show that it was “impossible” for... Read More

Maryland: First Responder Establishes Occupational Disease Claim for Menisci Tears
Posted on 7 Sep 2018 by Thomas A. Robinson

A state appellate court affirmed a decision by a trial court that a first responder presented evidence sufficient to prove that his menisci tears were an occupational disease under Md. Code Ann., Lab. & Empl. § 9-502(d)(1)(i) (1991, 2016 Repl... Read More

Louisiana: Office Worker’s Mold Exposure Does Not Qualify as Occupational Disease
Posted on 3 Aug 2018 by Thomas A. Robinson

A Louisiana appellate court affirmed a ruling by a workers’ compensation judge that the claimant, an office worker, had not suffered an occupational disease within the meaning of the state’s Workers’ Compensation Act related to her alleged... Read More

Missouri: Lab Tech Proves a Work-Related Hep C Infection
Posted on 26 Mar 2013 by Martin Klug

What does the widow of a deceased hospital employee have to prove to make a submissible case when the claimant worked around blood during his career and many years later develops hepatitis? In a March 26 decision, Smith, dec. v Capital Region Medical... Read More

Alabama: Asbestos-Related Claim Extinguished by Worker’s Death
Posted on 20 Jan 2017 by Thomas A. Robinson

An Alabama employee’s claim for workers’ compensation benefits is extinguished by his or her death and the surviving spouse may not be substituted as a plaintiff under Rule 25 of the Alabama Rules of Civil Procedure, held a state appellate... Read More

New York: Employee Fails to Establish Claim for Allergic Aspergillosis Due to Alleged Mold at Work
Posted on 9 Jan 2015 by Larson's Spotlight

A New York appellate court reversed a decision of the state’s Workers’ Compensation Board that concluded that an employee who worked for some 23 years at a garbage recycling and energy production facility had sustained an occupational disease... Read More

Five Recent Workers’ Comp Cases You Should Know About (9/9/2011) - Worker Fails to Show Wage Loss, Asbestosis Claim Fails
Posted on 9 Sep 2011 by Larson's Spotlight

Larson's Spotlight on Asbestosis, Subrogation, Joint Employee, Pension, and Intentional Misrepresentation . 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