Workers' Compensation

Recent Posts

Wyoming: Worker Fails To Show Pigeon-Toed Foot Led to Auto Accident
Posted on 2 Sep 2016 by Thomas A. Robinson

The Supreme Court of Wyoming affirmed a finding that an injured worker failed to establish a causal relationship between his original work-related injury which, after surgery, left the worker pigeon-toed, and injuries sustained in a subsequent automobile... 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

California: Subsequent Injuries Benefit Trust Fund’s Obligation Begins When Claimant Stops Receiving TD Payments
Posted on 4 Aug 2017 by Thomas A. Robinson

The appellate court held that pursuant to Lab. Code § 4751, Subsequent Injuries Benefits Trust Fund (SIBTF) benefits commence at the time the employer’s obligation to pay permanent disability benefits begins. Accordingly, the WCAB correctly... Read More

California Court of Appeals Closes Apportionment Loophole
Posted on 2 Dec 2011 by Richard M. Jacobsmeyer

The Court of Appeal has closed what could have ended up being an enormous loophole in Labor Code § 4663 with a decision reversing a W.C.A.B. opinion on apportionment and then ordering publication after the decision was initially ordered unpublished... Read More

Colorado: Two-Thirds of Osteoarthritis Claim Apportioned to Injured Employee
Posted on 8 Jun 2017 by Thomas A. Robinson

A Colorado appellate court affirmed an order apportioning two-thirds of an injured worker’s bilateral knee osteoarthritis to the employee, requiring the employer to pay just one-third of the worker’s medical expenses and other benefits, although... Read More

New York: Apportionment Allowed in Schedule Loss of Use Case
Posted on 13 Oct 2017 by Thomas A. Robinson

While the normal rule in most jurisdictions is that a judge or board may not apportion a claimant’s PPD award based upon a preexisting condition that did not prevent the employee from effectively performing his or her job duties at the time of a... Read More

Attorney’s Fee Against $1.1M Lien Recovery Not Allowed: Cal. Comp. Cases May Advanced Postings (5/16/12)
Posted on 16 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. Rafael... Read More

Iowa: Employee May Collect Both PPD and PTD at Same Time For Successive Injuries
Posted on 6 Jan 2017 by Thomas A. Robinson

The Supreme Court of Iowa held that Iowa workers’ compensation law does not prohibit an employee from collecting both PPD benefits and PTD benefits at the same time where the employee suffers successive injuries at the same workplace. The court... Read More

Applicant’s Two Injuries So Intertwined That No Separate Ratings Possible: Cal. Comp. Cases June Advanced Postings (5/28/2013)
Posted on 29 May 2013 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the June 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights... Read More

Tennessee: Employer Saddled With 90 Percent of PTD Award Where Preexisting Condition Prevented Surgery
Posted on 1 Feb 2018 by Thomas A. Robinson

A trial court properly apportioned 10 percent of a permanently and totally disabled worker’s disability to the Second Injury Fund where it found that the worker sustained a 90 percent PPD as a result of a shoulder and arm injury, but also found... Read More

Attorney’s Fee Against $1.1M Lien Recovery Not Allowed: Cal. Comp. Cases May Advanced Postings (5/16/12)
Posted on 16 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. Rafael... Read More

California Court of Appeals Closes Apportionment Loophole
Posted on 2 Dec 2011 by Richard M. Jacobsmeyer

The Court of Appeal has closed what could have ended up being an enormous loophole in Labor Code § 4663 with a decision reversing a W.C.A.B. opinion on apportionment and then ordering publication after the decision was initially ordered unpublished... Read More