An employer need not pay the cost of supplying an injured employee with a spinal cord stimulator where both the employee’s testimony and that of the employer’s medical experts indicated the stimulator did not alleviate the pain associated with the employee’s primary...
By Thomas C. Fitzhugh III, Fitzhugh & Elliott, P.C., Houston, Texas The comment period for proposed new regulations for ALJ proceedings closed more than two years ago. For months we were promised that the new rules would be forthcoming “soon.” In May the...
Where survivors of a worker who died of asbestos-related mesothelioma sued the employer, a pipe manufacturer, for wrongful death, alleging that in addition to his workplace exposure to asbestos, the worker was also permitted to take waste or scrap pipe home, where...
A state prosecutor worked for nine years at Jackson County and claims working too hard made him depressed, impaired his ability to concentrate and rendered him unemployable. Kersten v Jackson County , 2015 Mo WCLR Lexis 19 (lexis.com), 2015 Mo WCLR Lexis 19 (Lexis...
An injured worker’s contention that she still suffered significant pain was not sufficient to contradict the Commission’s finding that the worker had nevertheless reached a point of maximum medical improvement, held an Idaho court. In fact, the worker’s evidence...
A Wyoming county coroner’s report that listed the cause of death as an accidental overdose of medications an injured worker was taking to relieve pain following a compensable injury is evidence to be considered, but it is not entitled to full faith and credit...
A North Carolina appellate court affirmed a state Industrial Commission decision that found, in relevant part, that a worker’s depression was causally connected to a work-related injury and, therefore, compensable. The employer contended that testimony by the worker...
A Pennsylvania appellate court held that while a psychologist may provide competent testimony in the claim petition context, if a claimant seeks to rebut competent impairment rating evaluation evidence, he or she must present evidence of similar character—i...
Testimony by a claimant that she continued to have pain and discomfort almost 23 years after sustaining a work-related back injury, together with a physician’s notes that indicated those same complaints had been recounted to the doctor at an office visit...
Acknowledging that the trial court has substantial discretion in weighing the evidence, including the medical evidence, but noting as well that where all the medical evidence was in the form of deposition, the reviewing court analyzes the evidence without a presumption...
Here’s the third batch of advanced postings for the January 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights reserved...
By Robert G. Rassp, Esq. © Copyright 2013 LexisNexis. All rights reserved. Excerpts of this article will appear in a future edition of Rassp & Herlick, California Workers' Compensation Law . Attention Lexis Online Subscribers: Citations link to...
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 Larson's...
The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award of PPD...
This case [ 2011 Tex. App. LEXIS 7881 ] concerns when a jury can disregard the testimony of the only expert who provided opinions or testimony to a jury. Tanner Brown was a City of Port Arthur (City) employee injured during a low-impact collision while riding...