Workers' Compensation

Recent Posts

Texas: Internet Research Insufficient to Show Plaintiff's Cancer Was Tied to Work-place Conditions
Posted on 9 Dec 2020 by Thomas A. Robinson

Stressing the importance of expert medical testimony in establishing a connection between cancer and the work environment, an appellate court in Texas affirmed a trial court's order granting a former employer summary judgment in a case in which the... Read More

Florida: Heightened Burden Sinks Claim for Fungal Meningitis
Posted on 5 Jan 2020 by Thomas A. Robinson

A Florida appellate court held that a Judge of Compensation Claims erred in awarding workers’ compensation benefits to a claimant for an alleged toxic exposure claim in the form of fungal meningitis in as much as the statutes in question—§... Read More

Federal: Plaintiffs’ Tort Action Against Employer Fails Where Injury Was Shown to Be “Substantially Certain,” But Washington State Law Required a Showing of Actual Certainty
Posted on 7 Aug 2015 by Larson's Spotlight

Construing Washington state law, a federal district court has dismissed a civil action filed by an employee and his spouse against an employer that alleged the employer had actual knowledge that prolonged exposure to alumina caused illness to the lungs... 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

Connecticut: Death Benefits Claim Filed 55 Weeks After Date of Death Was Timely
Posted on 12 Feb 2016 by Larson's Spotlight

Where a Connecticut claimant timely filed a claim for disability benefits resulting from his exposure to various toxins during the course of his employment and where he subsequently died five years after the original diagnosis as a result of his condition... Read More

West Virginia: State Regulation Denying Reimbursement for In-Office Treatment for Heavy Metal Illness Declared Invalid
Posted on 13 Feb 2015 by Larson's Spotlight

An injured worker’s medical expenses related to intravenous chelation therapy performed in a medical office should have been paid by the employer in spite of a specific state regulation [see WV. Code of St. Rules 85–20–62.2] that precluded... Read More

Federal: Widow’s Wrongful Death Action Against Employer For Husband’s Exposure to Harmful Substances May Be Removed to Federal Court
Posted on 18 Apr 2014 by Larson's Spotlight

Construing Missouri law, a federal district court held that a widow, who alleged her husband died as a result of exposure to a variety of harmful substances while he worked for the defendant manufacturing firm, had alleged common law tort liability; her... Read More

Missouri: No Benefits for Alleged Fume Exposure
Posted on 2 May 2012 by Martin Klug

Claimant lost his claim against the second injury fund when he failed to prove an accident that his alleged exposure to muriatic acid fumes caused a heart attack. Poarch v Treasurer of the State of Missouri , 2012 Mo. App. Lexis 592 (May 1, 2012). The... Read More

2011 Annual Longshore Conference
Posted on 5 May 2011 by BRBS Longshore Reporter Staff

By Ralph R. Lorberbaum, Zipperer, Lorberbaum & Beauvais, Savannah, Georgia Loyola University put on its annual Longshore Conference on March 24 and 25, 2011, in New Orleans before almost three hundred and fifty (350) attendees, which is the... Read More

Missouri: No Benefits for Alleged Fume Exposure
Posted on 2 May 2012 by Martin Klug

Claimant lost his claim against the second injury fund when he failed to prove an accident that his alleged exposure to muriatic acid fumes caused a heart attack. Poarch v Treasurer of the State of Missouri , 2012 Mo. App. Lexis 592 (May 1, 2012). The... Read More