Workers' Compensation

Recent Posts

Florida: Officer’s Secondary Hypertension as Teen Bars Use of Presumption of Compensability
Posted on 3 Oct 2021 by Thomas A. Robinson

Florida’s special presumption of compensability [see § 112.18, Fla. Stat.], which favors first responders and other law enforcement employees who pass pre-employment physical examinations and then subsequently suffer from cardiac conditions... Read More

New York: Widow Fails to Connect Husband's 2016 Death to 2004 Work Injury
Posted on 26 Oct 2020 by Thomas A. Robinson

The presumption contained in N. Y. Workers' Comp. § 21(a) was insufficient to support an award of death benefits to a widow whose husband suffered an injury by accident in 2004, was awarded PPD in 2007, and who died in 2016, where the only medical... Read More

Hawaii: Pointing to Other, "Potential" Causes is Insufficient to Overcome Hawaii's Presumption of Compensability
Posted on 26 Jul 2020 by Thomas A. Robinson

Hawaii's presumption of compensability cannot be overcome merely by the employer's offer of evidence that some cause, other than the employment, was medically plausible in producing the injured worker's condition or illness, held the Supreme... Read More

District of Columbia: Employer Must Use Targeted Evidence to Rebut Presumption of Compensability
Posted on 28 Jun 2020 by Thomas A. Robinson

The District of Columbia Court of Appeals reversed a decision of the District's Compensation Review Board that denied workers' compensation benefits to a diabetic worker after finding that the employer had adequately rebutted the District's... Read More

Florida: City Successfully Rebuts First Responder Presumption Regarding Heart Disease
Posted on 20 May 2020 by Thomas A. Robinson

A Florida appellate court held a municipality had successfully rebutted the presumption of compensability [see § 112.18(1)(a), Fla. Stat.] regarding a correction officer's claim of cardiac disease (atrial fibrillation), where the evidence suggested... Read More

Virginia: Knowledge of Police Officer Presumption of Compensability For Heart-Lung Conditions Does Not Trigger Statute of Limitations
Posted on 27 Mar 2020 by Thomas A. Robinson

That a Virginia police officer was specifically aware of the state’s special heart-lung presumption of compensability in favor of police officers and certain other types of workers did not mean the two-year statute of limitations for his cardiac... Read More

New York: Substantial Evidence Required to Rebut § 21 Presumption of Compensability
Posted on 20 Jan 2020 by Thomas A. Robinson

In order to rebut the presumption of compensability found in N.Y. Workers’ Comp. Law § 21, an employer must come forward with “substantial” evidence, not just some evidence, to the contrary, held a state appellate court. Accordingly... Read More

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