Workers' Compensation

Recent Posts

New York: Reimbursement from Special Fund Requires Showing That Preexisting Condition Hindered Employability
Posted on 4 Jan 2019 by Thomas A. Robinson

In order to obtain reimbursement from the state’s Special Disability Fund pursuant to N.Y. Workers’ Comp. Law § 15(8), it is not enough for the employer or carrier to show that the claimant had one or more previous physical impairments;... Read More

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

MO: Commission Thwarts Statutory Reform For 'Objective' Findings
Posted on 22 Nov 2011 by Martin Klug

Statutory reform in Missouri requires that objective findings trump conflicting subjective findings. When a doctor concludes claimant can work based on FCE results but claimant state he can't, does the FCE "objective" findings control? ... Read More

Missouri: Arthritic Findings Defeat Causation on Shoulder Case
Posted on 23 Mar 2012 by Martin Klug

A claimant must demonstrate not only that he had an "accident" but also an "injury." An injury is not compensable unless the accident was the prevailing factor in both the medical condition and disability. Claimant had an "accident"... Read More

Missouri: Smoking Pot May Support Disability Claim
Posted on 28 Nov 2012 by Martin Klug

The commission reversed a denial of benefits and awarded permanent total benefits against the Second Injury Fund and noted that a prior habit of smoking pot daily for twenty years might be regarded as a hindrance or obstacle to employment. Mandina v Glass... Read More

Missouri Second Injury Fund: Is It Time to Re-Define Disability?
Posted on 25 Jan 2013 by Martin Klug

No case highlights the financial crisis of Missouri’s second injury better than the recent case of Skirvin v Treasurer of State of Mo. WD 75441 (Mo. App. 2013), 2013 Mo App. Lexis 84 , which describes the Fund’s incapacity to pay millions... Read More

Missouri: Benefits Denied For a Train Inspector Who Fell From a Rail Car
Posted on 28 May 2014 by Martin Klug

A 58-year old train inspector fell more than 20 feet from the top of a rail car resulting in injuries to his back and shoulder. He failed to establish he had an accident to pursue a PTD claim against the second injury fund because he "unfortunately"... Read More

Missouri: Claimant Entitled to Pre-judgment Interest Against Second Injury Fund
Posted on 24 May 2012 by Martin Klug

A claimant may recover pre-judgment interest against the second injury fund under "liberal" construction for unpaid bills of an uninsured employer, according the western court of appeals, reversing the Commission which found interest owed only... Read More

Oklahoma: Multiple Injury Trust Fund Liable for Combined Injuries to Different Body Parts
Posted on 29 Sep 2017 by Thomas A. Robinson

In a deeply divided decision, the Supreme Court of Oklahoma held that a workers’ compensation claimant, who sustained an injury to his left shoulder in 2013, was a “physically impaired person,” as defined in Okla. Stat. tit. 85A, §... 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

Missouri: Children of deceased worker awarded lifetime Schoemehl benefits
Posted on 8 Nov 2013 by Martin Klug

The big fight recently in Missouri is when a surviving spouse or dependent children can still receive comp benefits after a claimant dies from unrelated causes. The worker's comp statute provides survivor benefits when the death is work-related... 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

Missouri: Injuries Sustained When Lunchroom Chair Collapsed Are Compensable
Posted on 20 Nov 2015 by Larson's Spotlight

A Missouri appellate court affirmed an award of permanent total disability benefits against the state’s Second Injury Fund where claimant’s lunchroom chair collapsed as he sat eating lunch. The claimant injured his low back and developed intense... Read More

Missouri: Polio Renders Worker Totally Disabled
Posted on 17 Jan 2013 by Martin Klug

Claimant fell hundreds of times before in his life, but in 2008 he slipped on a slick floor in his employer’s bathroom, lost control of his crutches, and injured his neck. He never returned to work after two neck surgeries. The Commission affirmed... Read More

MO Supreme Court Announces New Standards For Fund Cases
Posted on 14 Nov 2013 by Martin Klug

The Missouri Supreme Court has now spoken on what prior injuries "count" for purposes of accessing second injury fund benefits in Missouri worker's compensation cases in 4 new cases appealed last year by the Fund: Witte, Salviccio, Dyson... Read More