Construing North Dakota’s “heart attack/stroke” statute, N.D.C.C. § 65-01-02(11)(a)(3), which generally requires that unusual stress be at least 50 percent of the cause of injury or disease—as compared with all other contributing factors—a...
A New York appellate court reversed a decision by the state's Workers' Compensation Board that held an injured worker was not entitled to a scheduled loss of use (SLU) award for a severe tear in his hamstring muscle following a work-related accident. The...
The District of Columbia's Compensation Review Board ("CRB") committed error when it agreed with the District's Adjudication and Hearings Department ("AHD") that the latter did not have sufficient jurisdiction to determine which of two...
A New York appellate court held sufficient evidence supported the Board's determination that a worker's myocardial infarction was not causally connected to his employment, where the worker's expert opined that it was "possible" that claimant's...
The Supreme Court of Connecticut held that when, under compensable circumstances, an organ of the body is removed, there is no automatic "loss" of the organ if another is transplanted into the body as a replacement. Accordingly, under Conn. Gen. Stat...
Quoting Larson's Workers' Compensation Law , and stressing that all medical consequences and sequelae that flow from the primary injury are compensable as long as there is a direct causal link between the primary injury and the additional injury for which...
The District of Columbia Court of Appeals reversed a decision of the District's Compensation Review Board that denied workers' compensation benefits to a diabetic worker after finding that the employer had adequately rebutted the District's presumption...
A trial court was correct in finding that a plaintiff-employee had failed to establish an issue of fact in his intentional tort civil action filed against the employer following a serious injury in which the worker's leg was severed above his knee by a mechanical...
A Florida appellate court held a municipality had successfully rebutted the presumption of compensability [see § 112.18(1)(a), Fla. Stat.] regarding a correction officer's claim of cardiac disease (atrial fibrillation), where the evidence suggested that...
That a Virginia police officer was specifically aware of the state’s special heart-lung presumption of compensability in favor of police officers and certain other types of workers did not mean the two-year statute of limitations for his cardiac condition...
Observing that in Mississippi (as in a number of other states), where a worker is found dead at a place in which her duties required her to be during normal working hours, there is a presumption that the death arose out of and in the course of the employment, a...
A divided Maryland appellate court held sufficient evidence existed to support a finding that a paramedic/firefighter had, over time, developed meniscal tears in his right knee and that he, therefore, qualified for benefits for an occupational disease under the...
Stressing the important role that the state’s Workers’ Compensation Board plays in the weighing of all evidence, even that offered by medical experts, a New York appellate court affirmed the Board’s determination that a hair salon owner, who sustained...
A claimant, who smoked cigarettes and worked as a coal miner for 30 years and who developed severe breathing problems after he stopped working in the coal mines was properly awarded benefits under the Black Lung Benefits Act, 30 U.S.C.S. § 901 et seq. , because...
That a permanently disabled claimant subsequently suffered a massive stroke that was unrelated to her workplace injury and which left her completely incapacitated and unable to care for herself did not alter the fact that she was still permanently disabled under...