Workers' Compensation

Recent Posts

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

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

Nebraska: Shoulder Injury Claim Fails Where Claimant’s Condition was the Natural Progression of Preexisting Torn Rotator Cuff
Posted on 12 Jul 2013 by Larson's Spotlight

As is the case in a number of states, in Nebraska, if a workers' compensation case involves a preexisting condition, the claimant must prove that the claimed injury or disability was caused by the claimant's employment and that it was not merely... Read More

Connecticut: Apportionment Not Allowed For Employee’s Pre-existing Diabetic Neuropathy
Posted on 13 Feb 2015 by Larson's Spotlight

The Supreme Court of Connecticut reiterated the general rule that an employer is ordinarily responsible for all the consequences of a compensable injury. Where an employee suffered from diabetic neuropathy that caused impairment to his arms and hands... Read More

Larson’s Spotlight on Recent Cases: Illegal Immigration Status Doesn’t Bar Benefits
Posted on 1 Feb 2013 by Larson's Spotlight

Larson's Spotlight on Illegal Aliens, Rehabilitation Services, Lump Sum, and Heart Attack. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... 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

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

Workers' Comp Fraud Blotter (10/4/2012) – Father and Daughter Plead Guilty to Workers’ Compensation and Tax Fraud
Posted on 5 Oct 2012 by LexisNexis Workers' Comp Newsroom Fraud Team

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and... Read More

Larson’s Spotlight on Recent Cases: Injured Worker Tests Positive for Drugs, Prevails in Her Claim workers compensation
Posted on 10 Feb 2012 by Larson's Spotlight

Larson's Spotlight on Statutory Presumption, Unusual or Extraordinary Exertion, Serious and Willful Misconduct by Employee, and Admission of Compensability. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson... Read More