Workers' Compensation

Recent Posts

New York: Interaction Between Hair Salon Owner and Difficult Customers Insufficient to Establish Heart Attack Claim
Posted on 31 Jul 2019 by Thomas A. Robinson

Stressing the important role that the state’s Workers’ Compensation Board plays in the weighing of all evidence, even that offered by medical experts, a New York appellate court affirmed the Board’s determination that a hair salon owner... Read More

New York: Farmhand’s Claim of Injury While Birthing Calf Fails
Posted on 6 Jul 2018 by Thomas A. Robinson

A New York appellate court reiterated the important legal point that while it is true that, absent substantial evidence to the contrary, N.Y. Work. Comp. Law § 21(1) affords a presumption that an accident that occurs in the course of employment also... Read More

Rebuttal of AMA Guides - Cal. Comp. Cases October Advanced Postings (10/21/2011)
Posted on 21 Oct 2011 by California Compensation Cases Staff

Featured Case of the Week: Rebuttal of AMA Guides Riverfront Apartments, Illinois Midwest Insurance Agency, on behalf of Pennsylvania Manufacturers' Association Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Jose Oliveira... Read More

Larson’s Spotlight on Recent Cases: Firefighter’s Rule Did Not Bar Tort Action Against Homeowner
Posted on 2 Mar 2012 by Larson's Spotlight

Larson's Spotlight on Firefighter's Rule, UIM Coverage, Denial of Medical Treatment, and Presumption of Compensability. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

New York: Fatal Embolism Found Compensable as Unexplained Death Under § 21(1)
Posted on 17 Jul 2015 by Larson's Spotlight

A New York court affirmed a decision of the Workers’ Compensation Board that decedent’s death arose out of and in the course of his employment where the decedent collapsed and died while working as a dispatcher. Security videotape taken of... Read More

Vickers Decision: Inapplicability of Sec. 20(a) Presumption to Secondary Conditions Under the LHWCA
Posted on 14 Nov 2013 by BRBS Longshore Reporter Staff

By Monica F. Markovich and Krystal L. Layher, Brown Sims, P.C., Houston, Texas Attention Lexis Online Subscribers: Citations link to Lexis Advance. links can be found at the end of this article . Should the Section 20(a) presumption linking... Read More

Applicant’s Perception of Job Stress Supported Compensable Industrial Injury in Form of Stroke: Cal. Comp. Cases July Advanced Postings (7/14/2015)
Posted on 15 Jul 2015 by Robin E. Kobayashi

Here are the third and fourth batches of advanced postings for July 2015 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All... Read More

Virginia: Injured Worker With Amnesia May Not Utilize Unexplained Accident Presumption
Posted on 3 Apr 2015 by Larson's Spotlight

The presumption of compensability found in Va. Code Ann. § 65.2–105 applies only when an injured worker is physically or mentally unable to testify; it does not apply, held a Virginia court, when the claimant cannot recall the circumstances... Read More

California: Dividing Up Injuries Based on Date of Knowledge
Posted on 17 May 2017 by Brad Wixen

SPECIAL ALERT: On May 26, 2017, the WCAB, on its own motion, issued an order granting reconsideration for further study and decision in the Gravlin case. For the latest news about Gravlin , subscribe to our newsletter at (select... Read More

Decedent Entitled to Pursue Injuries to Body Parts Not Covered in Compromise and Release: Cal. Comp. Cases February Advanced Postings (2/3/2016)
Posted on 3 Feb 2016 by California Compensation Cases Staff

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

California: Emergency Service Personnel’s Heart Trouble Presumption
Posted on 9 Nov 2017 by LexisNexis Workers' Comp Law Newsroom Staff

In most workers’ compensation cases, in order to establish an entitlement to benefits, it is the applicant’s initial burden of proof to establish that an injury or disease process arose out of employment and occurred in the course of employment... Read More

California Workers' Comp Case Roundup (4/5/2018)
Posted on 5 Apr 2018 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 83 No. 3 Mar 2018 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE... Read More

Virginia: Employee Sustaining Unexplained Fall Enjoys No Presumption of Compensability
Posted on 31 Oct 2014 by Larson's Spotlight

A Virginia appellate court affirmed a decision by the state’s Workers’ Compensation Commission that denied benefits to an employee who sustained injuries when he fell from the bed of a pickup truck while delivering airplane parts for his employer... Read More

New York: Presumption of Compensability Did Not Apply Despite Occurrence of Some Symptoms of Heart Attack While Still at Work
Posted on 6 Apr 2017 by Thomas A. Robinson

New York’s Workers’ Compensation Act includes a presumption of compensability if the employee’s injury occurs while he or she is at work [see N.Y. Work. Comp. Law § 21]. A state appellate court ruled that a widow could not take... Read More

Presumption of Cancer 3.5 Years Post-Employment: Cal. Comp. Cases September Advanced Postings (9/5/2013)
Posted on 6 Sep 2013 by California Compensation Cases Staff

The following are advanced postings for the September 2013 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved... Read More