Workers' Compensation

Recent Posts

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

Tennessee: Court Stresses Clear and Convincing Evidence Required to Rebut MIR Physician’s Impairment Rating
Posted on 27 Apr 2017 by Thomas A. Robinson

Under Tennessee’s medical impairment registry (“MIR”) program, where there is a disagreement among examining physicians as to the worker’s level of impairment, either party may seek an additional evaluation by an independent medical... Read More

California: Apportionment, Conclusive Presumptions and Labor Code Section 4662 (Part 1 of 2)
Posted on 6 May 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Editor’s Note: The following is Part One of a two-part article. Are there any circumstances under which apportionment will reduce a... Read More

Compound Medications Not Found Reasonable and Necessary Under ACOEM Guidelines, MTUS: Cal. Comp. Cases April Advanced Postings (4/15/2015)
Posted on 16 Apr 2015 by California Compensation Cases Staff

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

Absence Makes the Heart Grow Fonder In This Delaware Utilization Review Appeal
Posted on 20 Apr 2012 by Cassandra Roberts

So here is the sub-title: IAB Denies Employer's UR Appeal Despite Lack of Testimony from Claimant's Treating Doctor. Pretty catchy, huh? Props this week to claimant attorney Michael Galbraith who flagged for my interest the case du jour. Before... Read More

California: A Hint of Things to Come in WCAB's Re-Review of Dubon?
Posted on 23 Jun 2014 by Robert G. Rassp, Esq.

In Garcia-Picen v. Tight Quarters, Inc., the Appeals Board, in a split panel opinion, held that the WCJ incorrectly determined that the defendant’s UR of a treating physician’s request for authorization to provide viscosupplementation injections... Read More

Georgia: Positive Drug Test Negated Because of Evidence Chain Issues in Drawing Injured Worker’s Urine
Posted on 8 Jun 2018 by Thomas A. Robinson

Acknowledging that under Ga. Code Ann. § 34-9-17(b)(2), there is a rebuttable presumption that marijuana use caused a work injury if any amount of marijuana is in the employee's blood within eight hours of the time of the alleged accident, a... Read More