Workers' Compensation

Recent Posts

Nebraska: Massive Stroke Unrelated to Injury Does Not Change Claimant’s PTD Status
Posted on 28 Nov 2018 by Thomas A. Robinson

That a permanently disabled claimant subsequently suffered a massive stroke that was unrelated to her workplace injury and which left her completely incapacitated and unable to care for herself did not alter the fact that she was still permanently disabled... Read More

Larson’s Spotlight on Recent Cases: Gratuitous Furnishing of Company Truck
Posted on 28 Sep 2012 by Thomas A. Robinson

Larson's Spotlight on Company Truck and Employee Travel, Wrongful Death, Minimal Income, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Missouri: Smoking Pot May Support Disability Claim
Posted on 28 Nov 2012 by Martin Klug

The commission reversed a denial of benefits and awarded permanent total benefits against the Second Injury Fund and noted that a prior habit of smoking pot daily for twenty years might be regarded as a hindrance or obstacle to employment. Mandina v Glass... Read More

Ohio: PTD Benefits Not Available to 90-Year-Old Since He Could Return to Work
Posted on 22 Apr 2016 by Larson's Spotlight

In making its determination that a 90-year-old claimant was not permanently and totally disabled, the Industrial Commission was free to reject a report from claimant’s vocational consultant in favor of its own analysis of relevant vocational factors... Read More

Deputy Sheriff Found 100 Percent Disabled in Dueling Vocational Experts Case: Cal. Comp. Cases June Advanced Postings (6/12/2014)
Posted on 12 Jun 2014 by California Compensation Cases Staff

Here are the second and third batches of advanced postings for the June 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis.... Read More

Florida Workers’ Compensation: The Great Wait
Posted on 25 Jun 2015 by Robert J. Grace, Jr.

All eyes are on Florida and the key challenges to its workers’ comp laws, including whether the “Grand Bargain” exists One year ago when the Foreword to the 2014 Edition of Dubreuil’s Florida Workers’ Compensation Handbook... Read More

Missouri: Polio Renders Worker Totally Disabled
Posted on 17 Jan 2013 by Martin Klug

Claimant fell hundreds of times before in his life, but in 2008 he slipped on a slick floor in his employer’s bathroom, lost control of his crutches, and injured his neck. He never returned to work after two neck surgeries. The Commission affirmed... Read More

Missouri: Refugee Awarded 'Total' for His Days in the Bosnian War
Posted on 10 Jan 2013 by Martin Klug

Claimant’s “harrowing experiences” during the Bosnian war entitled him to permanent and total disability benefits against the Second Injury Fund, according to the Commission in the case Music v Red Brick Management, 2013 MOWCLR Lexis... Read More

Applicant's Narcotic Dependency Resulted in Total Loss of Earning Capacity: Cal. Comp. Cases June Advanced Postings (6/12/2013)
Posted on 12 Jun 2013 by LexisNexis Communities Staff

Here’s the third batch of advanced postings for the June 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

California Workers' Comp Case Roundup (6/9/2012)
Posted on 9 Jun 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 5 May 2012 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE ... Read More

Vocational Expert, Medical Evidence Supported 100% Permanent Total Disability: Cal. Comp. Cases November Advanced Postings (10/23/2012)
Posted on 24 Oct 2012 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the November 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries . © Copyright 2012 LexisNexis. All rights reserved. ... Read More

Missouri: Court Declines to Compel Payment of Fund Award
Posted on 23 Jan 2013 by Martin Klug

An injured worker with an unpaid award of permanent total benefits could not compel the Fund to fully pay the award by a writ of mandamus, according to the court of appeals. Skirvin v Treasurer of the State of Mo. , 2013 Mo App. Lexis 84 (Jan 22, 2013... Read More

Missouri: Smoking Pot May Support Disability Claim
Posted on 28 Nov 2012 by Martin Klug

The commission reversed a denial of benefits and awarded permanent total benefits against the Second Injury Fund and noted that a prior habit of smoking pot daily for twenty years might be regarded as a hindrance or obstacle to employment. Mandina v Glass... Read More

Missouri: Refugee Awarded 'Total' for His Days in the Bosnian War
Posted on 10 Jan 2013 by Martin Klug

Claimant’s “harrowing experiences” during the Bosnian war entitled him to permanent and total disability benefits against the Second Injury Fund, according to the Commission in the case Music v Red Brick Management, 2013 MOWCLR Lexis... Read More