Construing Louisiana law, the Fifth Circuit Court of Appeals, in an unpublished decision, agreed with a federal district court that a former employee could not maintain a civil action against two former employers based on his theory that work-related exposure to...
Stressing the importance of expert medical testimony in establishing a connection between cancer and the work environment, an appellate court in Texas affirmed a trial court's order granting a former employer summary judgment in a case in which the former employee...
The fact that a retired Nevada firefighter had no actual "wages" to replace, since his diagnosis for prostate cancer came three years after his retirement, did not mean he should not be awarded disability benefits based upon the wages he was earning at...
In a split decision, the Supreme Court of Rhode Island held that R.I. Gen. Laws § 45-19.1-1 does not create a conclusive presumption that a firefighter’s cancer arises out of and in the course of his or her employment. Stressing that no express language...
An Oregon appellate court recently affirmed the denial of death benefits to a surviving spouse whose husband died seven days after sustaining a fracture in his left femur while walking through a hotel lobby during a business trip. The claimant contended that since...
In an occupational disease/death case, the evidence in the record did not preponderate against the trial court's determination that a deceased employee's widow failed to establish that her deceased husband’s pancreatic cancer was causally related to her...
Reiterating that the burden is upon the claimant to establish—by competent medical evidence—a causal connection between the employment and the claimed disability, a New York appellate court affirmed a determination by the full Board (in a majority decision) that...
SPECIAL ALERT: On May 26, 2017, the WCAB, on its own motion, issued an order granting reconsideration for further study and decision in the Gravlin case. For the latest news about Gravlin , subscribe to our newsletter at www.lexisnexis.com/wcnews (select California...
The state’s Workers’ Compensation Appeal Board did not err when it denied benefits to a retired firefighter for his prostate cancer, where the Board determined that the claimant did not prove that his cancer was caused by exposure to 1ARC Group I carcinogens, for...
CALIFORNIA COMPENSATION CASES Vol. 81 No. 6 June 2016 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 © Copyright...
Here’s the latest batch of advanced postings for the June 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved...
By Julius Young, Esq., Richard M. Jacobsmeyer, Esq., Barry D. Bloom, Co-Editors-in-Chief, Herlick, California Workers' Compensation Handbook This 2016 edition is the 35th edition of Herlick, California Workers’ Comp Handbook (hereinafter “Herlick”...
CALIFORNIA COMPENSATION CASES Vol. 80 No. 10 October 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 ©...
In a memorandum decision, the Supreme Court of Appeals of West Virginia held that a state trial court appropriately dismissed a deliberate intent suit filed by the personal representative of a deceased worker against the former employer where the representative...
In addition to its special statutory presumptions of compensability favoring firefighters and police officers claiming respiratory and heart diseases connected with the exertions of their employment, Virginia adds a separate presumption favoring that same group...