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
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
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
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
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
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
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
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
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