Workers' Compensation

Recent Posts

South Dakota: Death Benefits Awarded Following Fatal Trench Collapse
Posted on 24 Apr 2020 by Thomas A. Robinson

The Supreme Court of South Dakota affirmed an award of death benefits to the surviving spouse of a municipal employee who died in a work-related trench collapse and criticized the state's Department of Labor for coming "perilously close to the... Read More

Virginia: Court Agrees Failure to Wear Seatbelt is Willful Misconduct
Posted on 28 Mar 2020 by Thomas A. Robinson

A Virginia appellate court affirmed a decision by the state’s Workers’ Compensation Commission that had denied benefits to a truck driver who sustained serious injuries in a vehicle crash on the basis that he had engaged in willful misconduct... Read More

Tennessee: Worker’s “Restraint” of Patient Was Not Willful Misconduct
Posted on 31 Aug 2019 by Thomas A. Robinson

Applying the 4-part test described in Larson’s Workers’ Compensation Law , § 34.01, et seq. , a Tennessee appellate court affirmed a state trial court’s determination that an employer failed to show that one of its healthcare workers... Read More

Virginia: Failure to Wear Seatbelt Was Willful Misconduct on Part of Bus Driver
Posted on 19 Oct 2018 by Thomas A. Robinson

The failure of a Virginia bus driver to lock and wear his seatbelt upon picking up passengers—he later sustained serious injuries when his vehicle was struck from behind, careened down a guardrail, and then flipped—constituted willful misconduct... Read More

Utilization Review Addresses Medical Necessity, Not Manner of Payment: Cal. Comp. Cases September Advanced Postings (8/26/2015)
Posted on 26 Aug 2015 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the September 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All... Read More

Georgia: “Controlled Descent” Goes Out of Control; Board Should Have Made Fact Findings as to Worker’s Rashness
Posted on 2 Mar 2017 by Thomas A. Robinson

In Georgia, violation of express instructions or the mere doing of a hazardous act in which the danger is obvious does not constitute willful misconduct that disqualifies an injured employee from an award of benefits; the employer must also show that... Read More

Cal. Comp. Cases September Advanced Postings (9/22/2011)
Posted on 22 Sep 2011 by LexisNexis Workers' Comp Law Newsroom Staff

Here’s the fourth batch of advanced postings for the September 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. Miguel Flores , Petitioner... Read More

California Workers' Compensation Cases Roundup (3/23/2012)
Posted on 24 Mar 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 2 February 2012 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE... Read More

Larson’s Spotlight on Recent Cases: Court Adopts “Larson” Test for Willful Disobedience of Safety Rules
Posted on 18 May 2012 by Larson's Spotlight

Larson's Spotlight on Willful Misconduct, Intoxication, Agility Test, and Cross-Examination of Physician. 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

Cal. Comp. Cases September Advanced Postings (9/22/2011)
Posted on 22 Sep 2011 by LexisNexis Workers' Comp Law Newsroom Staff

Here’s the fourth batch of advanced postings for the September 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. Miguel Flores , Petitioner... Read More

California Workers' Compensation Cases Roundup (3/23/2012)
Posted on 24 Mar 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 2 February 2012 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS... Read More

Larson’s Spotlight on Recent Cases: Court Adopts “Larson” Test for Willful Disobedience of Safety Rules
Posted on 18 May 2012 by Larson's Spotlight

Larson's Spotlight on Willful Misconduct, Intoxication, Agility Test, and Cross-Examination of Physician. 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