Workers' Compensation

Recent Posts

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

Tags: hidden condition , statute of limitations , notice of injury

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

Tags: statute of limitations , Conflict of Laws

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

Tags: statute of limitations , timely filing , voluntary payment of benefits

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

Tags: medical treatment , going and coming , statute of limitations , time barred , independent medical condition , arise from employment , employment relationship , employer employee relationship , misdiagnosed condition , unrelated condition , exclusive remedy rule

No Unlawful Age Discrimination Found in 20 Percent Apportionment of Permanent Disability to Other Factors: Cal. Comp. Cases May Advanced Postings (5/25/12)
Posted on 25 May 2012 by California Compensation Cases Staff

Here’s the next batch of advanced postings for the May 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. William... Read More

Tags: Case Law Developments , age discrimination , statute of limitations , degenerative , permanent disability , laches , California workers compensation , writ of review , course of employment , apportionment of disability , petition to reopen

Larson’s Spotlight on Recent Cases: Non-Dependent Spouse Precluded From Death Benefits and Barred From Bringing Death Claim
Posted on 15 Jun 2012 by Larson's Spotlight

Larson's Spotlight on Non-Dependent Spouse and Death Benefits, Fraud and Surveillance Video, Tort Action Against Sole Proprietor, and Statute of Limitations for PTSD Claim. Larson's surveys the latest case developments that you need to know about... Read More

Tags: sole proprietor , statute of limitations , wrongful death , Fraud , PTSD , exclusive remedy , tort action , workers’ compensation fraud , non-dependent spouse , surveillance video , Death Benefits

Larson’s Spotlight on Recent Cases: Exclusive Remedy Rule Bars Student Worker’s Tort Action
Posted on 6 Jan 2012 by Larson's Spotlight

Larson's Spotlight on Exclusive Remedy, Jurisdiction, Dependency Benefits, and Aggravation of Original Injury. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More

Tags: dual employment , statute of limitations , home office , aggravation of original injury , Jurisdiction , course of employment , dependency benefits , exclusive remedy , reinstatement , compensable injury , Death Benefits

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

Tags: Missouri , second injury fund , Martin Klug , Armstrong v Tetra Pak , statute of limitations , shoulder injury , Expert testimony , Missouri Labor and Industrial Relations Commission , prevailing factor , causation , Injury , accident

Arbitrator of Contribution Proceeding Not Bound by WCJ’s Finding of Injury AOE/COE: Cal. Comp. Cases June Advanced Postings (5/30/12)
Posted on 31 May 2012 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the June 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Los Angeles... Read More

Tags: final order , Case Law Developments , concurrent employment , contribution , statute of limitations , California , liens , California workers compensation , collateral estoppel , petition for reconsideration , cumulative trauma injury

Larson’s Spotlight on Recent Cases: Gradual Worsening Over Time Constituted Change of Condition, Not New Injury
Posted on 13 Jul 2012 by Larson's Spotlight

Larson's Spotlight on Change of Condition, Workers' Comp Fraud, and Tort Suit and Evidence of Workers' Comp Benefits. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Tags: change of condition , double recovery , tort suit , false statements , statute of limitations , collateral source rule , workers’ compensation benefits , new injury , workers’ compensation fraud , surveillance video , Evidence

Five Recent Workers’ Comp Cases You Should Know About (11/25/2011) – Climbing Over Guardrail and Jumping or Falling 60 Feet Was Not Within Course of Employment
Posted on 23 Nov 2011 by Larson's Spotlight

Larson's Spotlight on Statute of Limitations, Structured Settlements, Special Errand, Unexplained Fall, and LHWCA Maximum Weekly Rate. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer... Read More

Tags: statute of limitations , structured settlements , course of employment , LHWCA , cakes , longshore , special errand , Death Benefits , maximum weekly rate , medical payments , unexplained fall

Missouri: Noxious Smoke and Fumes at Work Caused Myelomas
Posted on 22 Mar 2012 by Martin Klug

Noxious fumes and yellow smoke caused claimant's non-Hodgkin's lymphoma (multiple myelomas) and made him unemployable, according to a new decision from the Court of Appeals, which affirmed an award of PTD benefits. The award included safety... Read More

Tags: Missouri , Martin Klug , Missouri Court of Appeals , myelomas , statute of limitations , Moreland v Eagle Picher Technologies LLC , non-Hodgkin’s lymphoma , Permanent Total Disability , Expert testimony , Death Benefits , benzene

Vermont Workers’ Compensation Update: January to March 2015
Posted on 1 Apr 2015 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Mercier of Williamstown, VT, has joined the staff at the Department as a Workers’ Compensation Specialist... Read More

Tags: estoppel , medical treatment , statute of limitations , equitable , attorney fees , Vermont workers compensation , causation , rating , medical opinion , impairment

Larson’s Spotlight on Recent Cases: Larson’s Dual Persona Doctrine Recognized by South Carolina Supreme Court
Posted on 22 Feb 2013 by Larson's Spotlight

Larson's Spotlight on Dual Persona, Wages in Lieu of Compensation Benefits, Violation of OSHA Standards, and Personal Deviation. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

Tags: Personal Deviation , statute of limitations , Wages in Lieu of Compensation Benefits , OSHA Standards , exclusive remedy , dual persona

Daddy’s Girl, Part 2: DE Superior Court Affirms IAB ruling on Statute of Limitations
Posted on 21 Aug 2013 by Cassandra Roberts

This post is a follow up to mine of 7/31/12— Not Just Another Dady’s Girl…. And a New Development on the Statute of Limitations in DE. I was happy to hear from claimant attorney Mike Sensor a few days ago, alerting me to the appellate... Read More

Tags: Delaware workers compensation , statute of limitations , Delaware Detour and Frolic