Workers' Compensation

Recent Posts

Nevada: To Gain Relief from Subsequent Injury Fund, Employer Need Not Prove it Had Specific Knowledge of Condition
Posted on 14 Dec 2018 by Thomas A. Robinson

A Nevada employer need not show that it had knowledge of an employee’s specific medical diagnosis in order to receive reimbursement from the state’s Subsequent Injury Fund (“the Fund”). It must, however, prove that it had some... Read More

What’s New in Florida Workers’ Compensation: 2018
Posted on 21 Jun 2018 by LexisNexis Workers' Comp Law Newsroom Staff

By Robert J. Grace, Jr., Esq. & Lyle Platt, Esq. Since publication of our last edition of Dubreuil’s Florida Workers’ Compensation Handbook (LexisNexis), legislative activity was confined to a popularly supported bill regarding first... Read More

Utah: Cervical Surgery Not Compensable Where it was Required to Treat Preexisting Condition, But Not Results of Accidental Injury Itself
Posted on 10 Nov 2016 by Thomas A. Robinson

Stressing that injuries are compensable under the Tennessee workers’ compensation laws, the work-related accident must not only be the legal cause of the injury, it must also be the medical cause as well. Accordingly, where five physicians concluded... Read More

Missouri: Court Affirms Award for Legionnaire’s Disease
Posted on 20 May 2014 by Martin Klug

It was just another day on the job for claimant when she put on her raincoat and boots, pulled out her sprayer, and spent the day getting splattered with hog manure, afterbirth and hog waste material. In 2002 she felt sick and fatigued and was hospitalized... Read More

Green v. City of Los Angeles: Refresh of Apportionment
Posted on 22 May 2014 by Charles Clark

Rejection of the Black Box Approach By Charles Edward Clark, Esq. 1 INTRODUCTION In the years since E.L. Yeager Construction v. Workers' Comp. Appeals Bd. (Gatten) (2006) 145 Cal.App.4th 922 [ 71 Cal.Comp.Cases 1687 ], apportionment analysis... Read More

New York: Employee’s Preexisting Asthma Insufficient to Support Employer’s Request for Relief from Special Disability Fund
Posted on 14 Jul 2017 by Thomas A. Robinson

A New York employer was not entitled to receive reimbursement from the Special Disability Fund pursuant to N.Y. Work. Comp. Law § 15(8)(d) unless it could establish three things: (1) that the injured worker had a preexisting permanent impairment... Read More

Blueprint for HIPAA and ADA Compliant Wellness Programs: Encouraging Good Health Reduces Workers’ Compensation Expenses
Posted on 26 Jul 2012 by John Stahl

By John Stahl, Esq. The article “Guidance for a Reasonably Designed, Employer-Sponsored Wellness Program Using Outcomes-Based Incentives” in the Journal of Occupational and Environmental Medicine demonstrates how employer-sponsored outcomes... 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

West Virginia: Court Reiterates Narrow Rule in Aggravation Cases
Posted on 5 May 2017 by Thomas A. Robinson

In a divided memorandum decision, the Supreme Court of Appeals of West Virginia reiterated its narrow rule regarding the compensability of claims in which a compensable injury aggravates a preexisting condition. Citing Gill v. City of Charleston , 236... Read More

Cal. Comp. Cases March Advanced Postings (3/15/2011)
Posted on 15 Mar 2011 by California Compensation Cases Staff

Here’s the second 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. Francisco Costa , Petitioner v. Workers' Compensation... 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

Blueprint for HIPAA and ADA Compliant Wellness Programs: Encouraging Good Health Reduces Workers’ Compensation Expenses
Posted on 26 Jul 2012 by John Stahl

By John Stahl, Esq. The article “Guidance for a Reasonably Designed, Employer-Sponsored Wellness Program Using Outcomes-Based Incentives” in the Journal of Occupational and Environmental Medicine demonstrates how employer-sponsored outcomes... Read More

MO: Commission Finds Gainful Employment While Resting
Posted on 15 Nov 2010 by Martin Klug

Is an employee with a pre-existing disability who is accommodated by an employer still engaged in competitive employment? The Commission found claimant was still competitively employed, although claimant reported that his chronic back before his accident... Read More