LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2014. You’ll find many helpful cases in this list, including a recent decision...
Can a hospital worker recover benefits for hepatitis C without showing the disease was present in the hospital where he worked? Smith v Capital Region Medical Center , 2014 Mo. App. Lexis 1453 (lexis.com), 2014 Mo. App. Lexis 1453 (Lexis Advance) (December 23,...
Despite the apparent harshness of the rule, the Supreme Court of Alaska affirmed a trial court’s decision granting a general contractor and building owner summary judgment in a wrongful death action filed by the estate of an apprentice electrician who suffered...
Acknowledging that an employee’s death had resulted from acute intoxication, a Connecticut appellate court nevertheless held substantial evidence supported a finding that there was an unbroken chain-of-causation between the employee’s original work-related injury...
The Supreme Court of New Hampshire, in a case of first impression, held that the appropriate test to gauge the compensability of suicide claims should be the so-called “chain-of-causation.” In its ruling, the Court affirmed a ruling by the state’s Compensation...
Noting that the surviving spouse had the burden of showing a causal connection between his wife’s death and her employment, and stressing that speculative medical evidence was insufficient, a New York appellate court affirmed a decision by the New York Workers...
A Missouri appellate court affirmed a decision by the state’s Labor and industrial Relations Commission that held a worker’s death from a heat stroke was a compensable accident, thus barring a tort action filed by the worker’s nondependent parents against the worker...
Applying the so-called “bunkhouse rule,” a South Carolina appellate court affirmed a decision by the Appellate Panel of the South Carolina Court of Appeals that had awarded death benefits to the children of a motel worker who was shot and killed, along...
The presumption contained in N. Y. Workers' Comp. § 21(a) was insufficient to support an award of death benefits to a widow whose husband suffered an injury by accident in 2004, was awarded PPD in 2007, and who died in 2016, where the only medical evidence...
Where an injured worker died from complications following surgery to treat a medical condition that was tied to a work-related injury that had occurred ten years earlier, his widow was entitled to statutory income benefits under Ky. Rev. Stat. § 342.750(1...
An airline pilot's "deviation" ceased when he and a colleague stopped drinking and retired to the colleague's hotel room--the pilot was so inebriated that he could not find his own hotel--held a Colorado appellate court. Accordingly, when the...
A New York appellate court affirmed an award of death benefits to the widow of a workers who committed suicide some two years after he suffered a debilitating work-related injury to the head. The appellate court stressed that it was the Board's duty to resolve...
Stressing that a person who is not a party to a contract is not bound by its terms, a Maryland appellate court held that a widow was not bound by a settlement agreement signed by her husband that purported to release not only the husband's rights to further...
The Supreme Court of Mississippi, in a divided decision, reversed a similarly divided decision by the state's Court of Appeals, and held that where a father's parental rights had been terminated through a properly administered adoption proceeding at a time...
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 prohibited...