Workers' Compensation

Recent Posts

Tennessee: Party's Presentation of Medical Evidence that Disagrees with IME Physician's Opinion is Insufficient to Rebut Presumption of Correctness
Posted on 27 Aug 2020 by Thomas A. Robinson

Acknowledging that the statutory presumption of correctness afforded the opinion of an independent medical evaluator who had been selected from Tennessee's Medical Impairment Registry ("MIR") could be rebutted by clear and convincing evidence... Read More

Arkansas: Employee Fails to Overcome Presumption of Impairment Following Positive Drug Test
Posted on 2 Feb 2020 by Thomas A. Robinson

An Arkansas appellate court affirmed a decision by the state’s Workers’ Compensation Commission that a worker who suffered a partial traumatic amputation of a finger as she tried to dislodge material from a jammed cutting machine, and who... Read More

Mississippi: Claimant’s Return to Work for Seven Months Leads to Presumption of No Loss of Wage-Earning Capacity
Posted on 10 May 2019 by Thomas A. Robinson

The Workers Compensation Commission, on remand, erred in holding that an employee successfully rebutted the presumption that she was entitled to no permanent disability as a result of her brief return to accommodated employment because the employee returned... Read More

Kansas: Marijuana Test Results Should Have Been Admitted into Evidence
Posted on 21 Feb 2019 by Thomas A. Robinson

Reiterating that in Kansas, because of multiple concerns, the rules of evidence do not apply to workers’ compensation hearings, a Kansas appellate court held the state’s Workers’ Compensation Board should not have excluded the results... Read More

MO: Police Chief Awarded Disability For Wiping Car Window
Posted on 19 Oct 2011 by Martin Klug

A police chief who describes acute neck pain after wiping the inside window of his unmarked police car performed "integral" police work under Missouri law. Whiteley v City of Poplar Bluff , No. SD 31287 (Mo. App. Oct. 11, 2011), affirmed an... Read More

Larson’s Spotlight on Recent Cases: Presumption of Compensability for Court Reporter’s On-the-Job Aneurysm
Posted on 13 Jan 2012 by Larson's Spotlight

Larson's Spotlight on Presumption of Compensability, Social Security Offset, Exclusive Remedy and Co-Employee Immunity, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the... Read More

Ohio: Firefighter’s Presumption Does Not Apply to ALS
Posted on 9 Nov 2017 by Thomas A. Robinson

An Ohio appellate court ruled recently that a trial court’s refusal to apply the special firefighter’s presumption contained in Ohio Rev. Code Ann. § 4123.68(W) to amyotrophic lateral sclerosis (ALS) was not error, in spite of the employee’s... Read More

Self-Procured Surgery Not Found Medically Reasonable or Necessary: Cal. Comp. Cases October Advanced Postings (9/22/2015)
Posted on 22 Sep 2015 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the October 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights... Read More

California: Top 25 Noteworthy Panel Decisions (January-June 2015)
Posted on 24 Jun 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2015. The list features a number of split-panel decisions, including bonus... Read More

Applicant Precluded From Reopening Psychiatric Claim: Cal. Comp. Cases July Advanced Postings (6/29/2016)
Posted on 30 Jun 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the July 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights... Read More

The Bid Day Post….And a Moment of Wonderment as the Delaware IAB Rules That UR - Certified Treatment Is Unreasonable/ Unnecessary
Posted on 13 Aug 2012 by Cassandra Roberts

Today is auspicious for two reasons. First it is "Bid Day" at Auburn University. Picture above is my Sweet Caroline (in the white eyelet dress) offering a "bid" to her little sister. And another great Gamma Phi Beta tradition continues... Read More

New York: Surviving Spouse Receives Death Benefits for Employee’s Unwitnessed Death at Work
Posted on 18 Aug 2017 by Thomas A. Robinson

Under the general rule in New York, and many other jurisdictions, where an unwitnessed death occurs during the course of a decedent’s employment, a presumption arises that the death arose out of that employment [see N.Y. Work. Comp. Law § 21... Read More

Florida: Heart-Lung Presumption Successfully Rebutted in Corrections Officer Claim
Posted on 20 Apr 2017 by Thomas A. Robinson

A Florida judge of compensation claims improperly credited the testimony offered by an expert medical advisor (EMA) where the physician based his opinion on an assumption that a correctional officer suffered a heart attack after several years of working... Read More

Request for Additional Information Extended Time to Issue Utilization Review Determination: Cal. Comp. Cases June Advanced Postings (6/15/2016)
Posted on 15 Jun 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the June 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights... Read More

North Carolina: Supreme Court Adopts “Parsons Presumption” Regarding Medical Care
Posted on 15 Jun 2017 by Thomas A. Robinson

Affirming the state’s Court of Appeals in relevant part, the Supreme Court of North Carolina adopted the “ Parsons presumption” [see Parsons v. Pantry, Inc. , 126 N.C. App. 540, 485 S.E.2d 867 (1997)]: Once the employee meets the initial... Read More