Workers' Compensation

Recent Posts

New Hampshire: Court Says Board Used Wrong Standard in Judging Unexplained Fall Case
Posted on 9 Feb 2020 by Thomas A. Robinson

Finding that the New Hampshire Compensation Appeals Board (CAB) had erred in its application of the so-called “increased risk” test in an unexplained fall case before it, a state appellate court reversed and remanded the dispute in order that... Read More

Kansas: Unexplained Falls by Hospital’s Housekeeping Employee Found Compensable
Posted on 19 Jul 2019 by Thomas A. Robinson

A Kansas appellate court affirmed an award of workers’ compensation benefits to a Topeka hospital housekeeping employee who sustained injuries in two separate unexplained falls. The court was not persuaded by the employer’s argument that following... Read More

New Mexico: Unexplained Fall in Level, Unobstructed Hallway is Presumed to be Compensable
Posted on 8 Nov 2018 by Thomas A. Robinson

Reversing a decision by a state Workers’ Compensation Judge (WCJ) that had ruled an employee’s injury, in the form of a fractured humerus, was not compensable because it did not arise out of and in the course of the employment, the Supreme... Read More

Nebraska: Claimant Fails to Prove “Increased-Risk” of Injury Associated With Idiopathic Fall
Posted on 26 Jul 2018 by Thomas A. Robinson

Citing Larson’s Workers’ Compensation Law , the Supreme Court of Nebraska acknowledged that a vast majority of courts nationally had adopted the so-called, increased-risk rule, under which the effects of an idiopathic-caused fall are compensable... Read More

Missouri: No Benefits for Unexplained Fall
Posted on 13 Dec 2012 by Martin Klug

An 85-year old employee fell after washing her hands in the employer's bathroom and broke her hip. The Commission denied benefits that claimant established her injury flowed from an identifiable work hazard. Porter v RPCS Inc ., 2012 Mo WCLR Lexis... Read More

Larson’s Spotlight on Recent Cases: Truck Driver Deviated From Employment by Leaving Vehicle to Obtain Object for Purposes of Assaulting Driving Partner
Posted on 16 Mar 2012 by Larson's Spotlight

Larson's Spotlight on Deviation From Employment, Unexplained Fall, Physician's Opinion and Videotape Evidence, and Sanctions for Costs. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff... Read More

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

Bad News for Nevada Injured Workers Who Fall at Work?
Posted on 15 Dec 2011 by Virginia Hunt

According to the U.S. Bureau of Labor Statistics, in 2010, about a fifth of all workplace fatalities in Nevada were caused by a worker falling. Almost every serious fall injury I've handled in the Nevada work comp arena in the past fifteen years was... Read More

North Carolina: Injuries Sustained After Choking on E-Cigarette Not Compensable
Posted on 18 May 2018 by Thomas A. Robinson

Stressing the crucial difference between an “unexplained” fall and an “idiopathic” fall, a North Carolina appellate court affirmed the denial of benefits to a municipal worker who suffered injuries when he fainted and collapsed... Read More

Ohio: Claimant Required to Show Fall Was Not Due to Idiopathic Condition
Posted on 27 Oct 2017 by Thomas A. Robinson

Where an employee sustained a broken hip in a fall at work, with no clear reason for the fall, but where the employee’s medical record indicated that she suffered from various medical conditions, including diabetes mellitus type II, thyroid disease... Read More

Larson’s Spotlight on Recent Cases: Court Bars Medical Expert Testimony on Sick Building Syndrome
Posted on 7 Sep 2012 by Larson's Spotlight

Larson's Spotlight on Sick Building Syndrome, Wrongful Death and Exclusive Remedy, Retaliatory Discharge, and Unexplained Fall. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

Oregon: Court Clarifies Standards in Idiopathic Fall Cases
Posted on 20 Oct 2016 by Thomas A. Robinson

While a claimant certainly has the burden of proving compensability by a preponderance of the evidence, an injury that is unexplained and occurs in the course of employment is presumed, as a matter of law, to arise out of the employment. Accordingly,... Read More

Arkansas: No Compensation Where Fall is Due to Idiopathic Cause
Posted on 26 Jan 2018 by Thomas A. Robinson

The Supreme Court of Arkansas affirmed a finding by the state’s Commission that a grocery store worker had not shown that her brain injury arose out of and in the course of her employment where the worker claimed she sustained an unexplained, compensable... Read More

Virginia: Employee Sustaining Unexplained Fall Enjoys No Presumption of Compensability
Posted on 31 Oct 2014 by Larson's Spotlight

A Virginia appellate court affirmed a decision by the state’s Workers’ Compensation Commission that denied benefits to an employee who sustained injuries when he fell from the bed of a pickup truck while delivering airplane parts for his employer... Read More

Virginia: Police Body Camera Dooms Officer’s Slip and Fall Claim
Posted on 20 Oct 2016 by Thomas A. Robinson

A Virginia police officer was appropriately denied workers’ compensation benefits for an injury he sustained when he slipped on a stairway while investigating a potential burglary at a private residence. The appeals court, following Virginia’s... Read More