Workers' Compensation

Recent Posts

West Virginia: Judge Should Have Appointed EMA to Resolve Conflict in Medical Opinions
Posted on 10 Oct 2021 by Thomas A. Robinson

While procedural rules are often relaxed in workers’ compensation cases, the six-month statute of limitations provided in W. Va. Code § 23-4-15(a) is jurisdictional, held West Virginia’s Supreme Court of Appeals in a memorandum decision... Read More

Tennessee: Prescription Period for Statute of Limitations Began to Run When Physician Indicated Work-Relatedness to Claimant’s Attorney
Posted on 25 Apr 2021 by Thomas A. Robinson

The Special Workers’ Compensation Appeals Panel of the Supreme Court of Tennessee affirmed a trial court’s determination that an employee’s workers’ compensation claim was not timely filed in as much as it had not been filed within... Read More

Virginia: For Statute of Limitations Purposes, Pharmacy is “Health Care Provider”
Posted on 11 Apr 2021 by Thomas A. Robinson

The Court of Appeals of Virginia held that a local pharmacy was a “health care provider” under Va. Code Ann. § 65.2-605.1(F), and as such, it could not seek reimbursement for prescription medication where it waited more than one year... Read More

Pennsylvania: 120-Day Notice Period Does Not End on Sunday Even if Employer is Open for Business
Posted on 19 Jan 2021 by Thomas A. Robinson

That an employer operates its business on Sundays and, therefore, would have been able to receive a notice of injury by an injured employee on that day, has no effect on the 120-day notice period found in Section 311 of the Pennsylvania Workers’... Read More

Florida: 52-Week Filing Requirement for First Responder PTSD Claim Runs From Qualifying Event
Posted on 26 Dec 2020 by Thomas A. Robinson

The 52-week filing requirement related to first responder PTSD claims in § 112.1815(5)(d), Fla. Stat., runs from the date of the qualifying event specified in the statute and not from the date the first responder manifests PTSD symptoms, held a Florida... Read More

North Carolina: Two-Year Statute of Limitations is Clear and Unequivocal
Posted on 21 Nov 2020 by Thomas A. Robinson

A statute of limitations that bars additional compensation for an injured employee if two years passes after the last payment of medical or indemnity benefits [see N.C. Gen. Stat. § 97025.1] is clear and unambiguous, held a North Carolina appellate... Read More

South Dakota: Department of Labor Construed State's "No Progress" Rule Too Narrowly
Posted on 27 Apr 2020 by Thomas A. Robinson

In a case of first impression, the Supreme Court of South Dakota held that the state's Department of Labor had erred when it determined that there had been no activity in the record of a case for more than one year, such that the claim could be dismissed... Read More

Florida: Division’s Payment of Annual COLA Tolls Statute of Limitations
Posted on 19 Dec 2019 by Thomas A. Robinson

Payment of cost-of-living adjustments (COLA) by the Division of Workers’ Compensation are the sort of “compensation” outlined in § 440.15(1)(f), held the Supreme Court of Florida. Accordingly, where an employer inexplicably stopped... Read More

Wyoming: Employer and Division of Workers’ Compensation Barred from Utilizing Statute of Limitations Defense
Posted on 27 Sep 2019 by Thomas A. Robinson

The Supreme Court of Wyoming held that a claimant’s late filing of his claim was excused under the circumstances of the case and both the employer and the Division of Workers’ Compensation were barred from utilizing the statute of limitations... Read More

Colorado: Statute of Limitations is Not Tolled by Employer’s First Report of Injury
Posted on 23 Sep 2019 by Thomas A. Robinson

Neither the employer’s filing a First Report of Injury, nor its filing of a Notice of Contest tolls the statute of limitations applicable to workers’ compensation claims in Colorado [see Colo. Rev. Stat. § 8-43-103(2)], held a state appellate... Read More

Montana: Security Guard’s Quick Notes Regarding Assault by Unruly Patient Was Insufficient Notice to Employer of Claim
Posted on 25 Jul 2019 by Thomas A. Robinson

The Supreme Court of Montana held that a hospital security guard failed to provide sufficient notice of injury to his employer when he made sketchy notations in a daily log book that he had been hit in the nose by an unruly psychiatric patient that he... Read More

Oregon: Court Construes Post-Smothers Statute of Limitations Issue
Posted on 4 Jul 2019 by Thomas A. Robinson

A post- Smothers [see Smothers v. Gresham Transfer, Inc. , 332 Ore. 83, 23 P3d 333 (2001), overruled by Horton v. Or. Health & Sci. Univ. , 359 Ore. 168, 376 P.3d 998 (2016)] statute of limitations, ORS 656.019(2)(a), which allows a civil action to... Read More

Kansas: Payment of Employee’s Medical Expenses Works to Revive Expired Statute of Limitations
Posted on 21 Feb 2019 by Thomas A. Robinson

Where a firefighter filed a claim for benefits more than six years after his original work-related injury, but within two years of the employer’s last payment of medical charges related to the firefighter’s work-related back condition, the... Read More

Larson’s Spotlight on Recent Cases: Employer Not Responsible for Unrelated Coronary Bypass Surgery
Posted on 18 Feb 2012 by Larson's Spotlight

Larson's Spotlight on Medical Treatment for Unrelated Condition, Going and Coming, Statute of Limitations for Misdiagnosed Condition, and Exclusive Remedy Rule. Larson's surveys the latest case developments that you need to know about. Thomas... Read More