LexisNexis has selected some recently issued noteworthy IMR decisions that illustrate the criteria that must be met to obtain authorization for a variety of different medical treatment modalities. LexisNexis...
By Christopher Mahon, LexisNexis Legal Insights Contributing Author A September 2024 study from the Workers Compensation Research Institute indicates that workers represented by an attorney in workers’...
By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board “Substantial Medical Evidence” is a ubiquitous catch-all phrase. When does it exist? When...
CALIFORNIA COMPENSATION CASES Vol. 90, No. 1 January 2025 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...
By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board Cases of “first impression” seldom wander into our workers’ compensation world. When...
The Supreme Court of Virginia affirmed the dismissal of a widow’s wrongful death action filed against the chief of police of the City of Norfolk and other police officials following the death of her husband, who died after receiving several blows to the head during his training as a recruit at the Norfolk Police Academy. Those cases usually involved matters of observable causation where the doctors testified negatively and the board had found causation. The court indicated the training was a condition of employment; the civil action was accordingly barred by the exclusive remedy provisions of the Virginia Workers’ Compensation Act. Whether the death was hastened by a single blow to the head or from multiple blows received over a period of several days did not matter, indicated the court. While in certain instances, repetitive injuries are not compensable under the Workers’ Compensation Act, the facts here were clearly distinguishable from the line of Virginia cases dealing with repetitive trauma over a considerable period of time.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Kohn v. Marquis, 2014 Va. LEXIS 117 (Sept. 12, 2014) [2014 Va. LEXIS 117 (Sept. 12, 2014)]
See generally Larson’s Workers’ Compensation Law, § 100.04 [100.04]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
For more information about LexisNexis products and solutions connect with us through our corporate site