Workers' Compensation

Recent Posts

Virginia: Apportionment Allowed for Pre-Existing Condition
Posted on 30 Aug 2021 by Thomas A. Robinson

A Virginia appellate court affirmed a finding of the state’s Workers’ Compensation Commission that had apportioned an injured employee’s disability based on her preexisting condition, awarding benefits based upon a 25 percent PPD to... Read More

Utah: Worker Loses Knee Injury Claim Because of Preexisting Condition
Posted on 18 Oct 2020 by Thomas A. Robinson

Applying the "heightened standard" rule, since claimant suffered from a preexisting knee condition, a Utah appellate court denied a claim for a meniscus tear, finding that there had been an insufficient showing that anything unusual or extraordinary... Read More

Virginia: Worker's Crohn's Disease Was Compensable Consequence of Original Injury
Posted on 26 Jul 2020 by Thomas A. Robinson

Quoting Larson's Workers' Compensation Law , and stressing that all medical consequences and sequelae that flow from the primary injury are compensable as long as there is a direct causal link between the primary injury and the additional injury... Read More

Utah: Worker Succeeds in Showing Enhanced Burden of Proof Regarding her Preexisting Condition Injury
Posted on 28 Jun 2020 by Thomas A. Robinson

Workers in Utah with preexisting conditions face an enhanced burden of proof in establishing legal causation. Under the so-called " Allen standard" [see Allen v. Industrial Comm’n , 729 P.2d 15, 25 (Utah 1986)], the injured worker must... Read More

New York: Board Errs in Apportioning Disability to Non-Disabling Multiple Sclerosis
Posted on 12 Oct 2019 by Thomas A. Robinson

New York’s Workers’ Compensation Board inappropriately apportioned 60 percent a claimant’s disability to his non-disabling and undiagnosed multiple sclerosis, held a state appellate court. Stressing that there was no evidence that the... Read More

Virginia: “Two-Cause” Rule Fails to Aid Worker Who Was Disabled Due to Preex-isting Kidney Disease
Posted on 27 Aug 2019 by Thomas A. Robinson

Quoting Larson’s Workers’ Compensation Law , and reiterating the usual, “two-cause” rule: that where a work-related disability combines with a nonwork-related disability to prevent the injured worker from continuing to work, the... Read More

Utah: Court Stresses Unusual or Extraordinary Exertion Required for Claims Involving Preexisting Conditions
Posted on 10 May 2019 by Thomas A. Robinson

In Utah, a worker ordinarily need not show that his or her work-related injury was caused by unusual or extraordinary stress or strain. Applying the framework established in Allen v. Industrial Comm’n , 729 P.2d 15 (Utah 1986), and its progeny,... 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

New York: Reimbursement from Special Fund Requires Showing That Preexisting Condition Hindered Employability
Posted on 4 Jan 2019 by Thomas A. Robinson

In order to obtain reimbursement from the state’s Special Disability Fund pursuant to N.Y. Workers’ Comp. Law § 15(8), it is not enough for the employer or carrier to show that the claimant had one or more previous physical impairments;... Read More

Delaware: Police Officer’s Cardiac Symptoms Caused By Preexisting Condition—Not Burglary Investigation
Posted on 12 Jul 2013 by Larson's Spotlight

The Supreme Court of Delaware recently affirmed a Superior Court order that in turn affirmed an Industrial Accident Board decision denying a police officer’s petition for compensation arising from an alleged work-related injury. The IAB and Superior... Read More

Ohio: Court Reiterates “Eggshell-Claimant” Rule Regarding Preexisting Conditions
Posted on 14 Aug 2015 by Larson's Spotlight

A 1986 amendment to the Ohio Workers’ Compensation Act’s definition of “injury” to exclude injury or disability “caused primarily by the natural deterioration of tissue, an organ, or part of the body ” [Ohio Rev. Code... Read More

Alabama: Aggravation of School Custodian’s Myasthenia Gravis Linked to Chemical Exposure
Posted on 6 Feb 2015 by Larson's Spotlight

The Supreme Court of Alabama, reversing the state’s Court of Appeals, reinstated a trial court’s decision awarding a school custodian PTD benefits stemming from her exposure to chemical fumes during the course of her employment. The employer... Read More

Missouri Second Injury Fund: Is It Time to Re-Define Disability?
Posted on 25 Jan 2013 by Martin Klug

No case highlights the financial crisis of Missouri’s second injury better than the recent case of Skirvin v Treasurer of State of Mo. WD 75441 (Mo. App. 2013), 2013 Mo App. Lexis 84 , which describes the Fund’s incapacity to pay millions... Read More

South Carolina: High Court Says Employer/Insurer Should Receive Partial Reimbursement for Extra Medical Costs and Outlays Related to Pre-existing Diabetes Condition
Posted on 1 Aug 2014 by Larson's Spotlight

As did a number of other states, South Carolina established a Second Injury Fund to encourage employers to hire disabled or handicapped persons. Generally, under the provisions of S.C. Code Ann. § 42-9-400, if an employer can show that the injured... Read More

New York: Apportionment Denied Where Worker’s Ability to Perform Duties Was Not Affected by Preexisting Condition
Posted on 26 Jun 2015 by Larson's Spotlight

Reiterating that under N.Y. Work. Comp. Law § 15(7), apportionment for a pre-existing condition is allowed only where the preexisting condition was not the result of a compensable injury and the claimant was able to effectively perform his or her... Read More