Where the record established that the potential causes of a worker’s syncopal episodes were numerous and complex, the Wyoming Medical Commission did not abuse its discretion by accepting the evidence from seven medical experts, including the worker’s treating physician...
A North Carolina court affirmed a finding by the state’s full Industrial Commission that a patient food service technician’s torn rotator cuff did not arise out of and in the course of the employment where the Commission found compelling testimony by two experts...
Claimant’s pulmonologist’s causation opinion was inadmissible under Frye and Ill. R. Evid. 702, where it was not based on a scientific methodology or principle that had gained general acceptance in the relevant scientific community. Claimant, an acknowledged smoker...
The New York Workers’ Compensation Board erred when it found that a corrections officer's work activities were causally connected to his myocardial infarction where the employer’s medical expert opined that the infarction was not caused by work...
Reiterating the rule that the state’s Industrial Commission has broad discretion in weighing medical evidence and determining the credibility of conflicting expert opinions, the Supreme Court of Idaho, in a split decision, affirmed a Commission decision that...
An Arkansas appellate court affirmed a decision by the state’s Workers’ Compensation Commission that denied an employee additional medical benefits for continued pain management where the court said the Commission considered the medical evidence, some of which...
Labor Code Section 4662 was modified by the legislature in AB 1847 in 2014. Contrary to popular belief, it was not amended in SB 863. The older version of Section 4662, adopted in 2007, created the conclusive presumption of permanent total disability as follows...
When, during a deposition related to claimant’s workers’ compensation claim, a representative of the employer indicated that it had conducted no surveillance activities of the claimant, the employer was under an obligation to supplement that answer...
By Stephen C. Embry, Embry and Neusner, Groton, Connecticut Science, clinical medicine, and the law live in the same city but in different neighborhoods. Each of the disciplines is concerned with the development and organization of information to answer questions...
CALIFORNIA COMPENSATION CASES Vol. 80 No. 8 August 2015 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 ©...
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 rights reserved...
LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2015. The list features a number of split-panel decisions, including bonus cases addressing...
CALIFORNIA COMPENSATION CASES Vol. 80 No. 4 April 2015 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 ©...
By Yelena Zaslavskaya, Senior Attorney for Longshore, Office of Administrative Law Judges, U.S. Department of Labor, Washington, D.C. This paper highlights some of the considerations relevant to the determination of the probative value and relative evidentiary...
A decision by a judge of compensation claims to exclude the deposition of a home health care nurse, based on the fact that the claimant’s attorney “was not aware” that the employer planned to offer it into evidence was improper, even considering the broad latitude...