Workers' Compensation

Recent Posts

New York: Death Benefits Awarded Since Employer Takes Employee as it Finds Him
Posted on 1 Jun 2018 by Thomas A. Robinson

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that awarded workers’ compensation benefits in connection with a construction worker’s fatal heart attack that occurred during his work shift... Read More

Arizona: Portion of Former Soldier’s PTSD Disability Apportioned to Special Fund
Posted on 23 Jun 2016 by Larson's Spotlight

As is the case in a number of states, Arizona allows “apportionment” of certain permanent injury claims between an employer and a “special fund” where the employee’s permanency results from the combination of a pre-existing... Read More

Vermont Workers' Compensation Update: June to September 2013
Posted on 4 Oct 2013 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. VERMONT WORKERS’ COMPENSATION UPDATE Lisa Brassard, WC Specialist II has left the Department to work for another... Read More

Missouri: Commission Expands Claims Against Fund
Posted on 20 Dec 2011 by Martin Klug

An employee may collect benefits from the second injury fund, even though the underlying medical condition considered by itself may not qualify for the minimum statutory threshold. The Commission now clarifies what it perceives as a common “misperception”... Read More

Vermont Workers' Compensation Update: January to March 2016
Posted on 20 Apr 2016 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. The Voice of The Department, Ellen Gonyaw, the receptionist, has retired after almost 9 years to move to Maine to open... Read More

Virginia: Inability to Perform Light Work Due to Unrelated Disability Amounts to Unjustified Refusal of Employment
Posted on 26 Jan 2018 by Thomas A. Robinson

An employee who suffered from polycystic kidney disease at the time he was hired by the employer, who subsequently suffered a compensable injury to his left arm that was unrelated to his kidney disease, and who returned to light duty, but then could not... Read More

Tennessee: 2009 Spinal Condition Was “New or Advance” Injury, Not Just Due to Aging
Posted on 9 May 2014 by Larson's Spotlight

A special Workers’ Compensation Appeals Panel of the Supreme Court of Tennessee has held that in cases involving pre-existing conditions, the law does not weigh the relative importance of the pre-existing condition and an employment-related cause... Read More

Workers Comp and the Affordable Healthcare Act
Posted on 3 Jul 2012 by Julius Young

Assuming that Obamacare isn't grievously wounded by Congressional de-funding and that a Romney win in the election doesn't result in repeal of the law, what effect will it have on workers' comp? I've already received several client e... Read More

MO: Court Remands Permanent Total Claim for Arthritis
Posted on 13 Oct 2010 by Martin Klug

The Missouri court of appeals remanded an alleged permanent total claim against the Second Injury Fund based on a claim that two different types of arthritis synergistically combined. The Commission denied benefits and found that claimant’s work... Read More

MO: Slip at Work Becomes Slippery Slope for Employer
Posted on 5 Aug 2011 by Martin Klug

A 59-year old Dangerous Building Inspector was found unable to work as a result of a 2002 accident when his right foot became stuck in a hole, based on an 88-page opinion affirmed by the Commission. Pace v. St. Joseph , DOLIR 8-4-11. The claimant... Read More

Vermont Workers’ Compensation Update: October to December 2010
Posted on 6 Jan 2011 by Keith J. Kasper

VERMONT SUPREME COURT DECISIONS McNally v. Department of PATH , 2010 VT 99 (Oct. 28, 2010). Court reverses and remands on direct appeal from Commissioner for error in application of legal analysis of compensability. "In performing this fundamental... Read More

Cal. Comp. Cases March Advanced Postings (3/2/2011)
Posted on 3 Mar 2011 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the March 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the complete headnotes and summaries. Marin Garrison, Petitioner v. Workers' Compensation... Read More

Five Recent Cases You Should Know About (9/10/2010)
Posted on 10 Sep 2010 by Larson's Spotlight

Larson's Spotlight on Consequential Condition, Date of Injury, Prisoner Employee Status, Obesity, Stumble Found Compensable. 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: Commission Expands Claims Against Fund
Posted on 20 Dec 2011 by Martin Klug

An employee may collect benefits from the second injury fund, even though the underlying medical condition considered by itself may not qualify for the minimum statutory threshold. The Commission now clarifies what it perceives as a common “misperception”... Read More

Workers Comp and the Affordable Healthcare Act
Posted on 3 Jul 2012 by Julius Young

Assuming that Obamacare isn't grievously wounded by Congressional de-funding and that a Romney win in the election doesn't result in repeal of the law, what effect will it have on workers' comp? I've already received several client... Read More