Workers' Compensation

Recent Posts

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

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

Alabama: Receipt of Short-Term Disability Benefits Does Not Always Toll Statute of Limitations for Filing Occupational Disease Claim
Posted on 23 Oct 2015 by Larson's Spotlight

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

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 Workers’ Compensation Trends and Developments for 2015
Posted on 22 Apr 2016 by Ronald E. Weiss & Ronald Balter

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

Pennsylvania: Retired Firefighter Did Not Show Work Connectedness of Prostate Cancer
Posted on 3 Nov 2016 by Thomas A. Robinson

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

North Carolina: Lay Testimony Insufficient to Establish Asthma Claim
Posted on 16 Mar 2018 by Thomas A. Robinson

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

Pennsylvania: Firefighter’s Cancer Claim Found to be Time-Barred
Posted on 20 Oct 2016 by Thomas A. Robinson

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

Virginia: Firefighter Paramedic’s PTSD May Be Compensable Occupational Disease
Posted on 17 Jan 2018 by Thomas A. Robinson

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