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

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

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

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

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

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

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

Receipt of short-term disability benefits under an employer-sponsored plan does not toll the two-year statute of limitations for the filing of an occupational disease claim in Alabama where there was nothing in the paperwork associated with the benefits... Read More

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

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

Many of the new developments in Workers’ Compensation Law and Practice in New York in 2015 were in the area of administrative and regulatory changes resulting from the Workers’ Compensation Board’s Business Process Re-engineering Project... Read More

The state’s Workers’ Compensation Appeal Board did not err when it denied benefits to a retired firefighter for his prostate cancer, where the Board determined that the claimant did not prove that his cancer was caused by exposure to 1ARC... Read More

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

A Pennsylvania appellate court affirmed the denial of workers’ compensation benefits relating to the occupational disease of cancer suffered by a firefighter because the claim was not brought within 600 weeks of the firefighter’s last exposure... Read More

A Virginia appellate court affirmed, in relevant part, a state Workers’ Compensation Commission’s finding that a firefighter paramedic’s work-related experiences over his 17-year career caused his post-traumatic stress disorder (PTSD... Read More