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...
The Supreme Court of Nevada, reversing a decision of the state’s court of appeals, held that a Las Vegas casino employee could not maintain a civil action against his employer to recover damages for its alleged delay in seeking medical treatment following his suffering...
Labor Code Section 4662 (a) provides that any of the following permanent disabilities shall be conclusively presumed to be total in character: loss of both eyes or the sight thereof, loss of both hands or the use thereof, an injury resulting in a practically total...
A Kentucky statute, Ky. Rev. Stat. Ann. § 342.7305(2), which provides workers’ compensation benefits for occupational hearing loss only where a claimant’s binaural hearing impairment, converted to impairment of the whole person, results in impairment of more than...
The Virginia Workers’ Compensation Commission did not commit error when it determined that the running blade prosthetic device requested by claimant was not medically necessary under Va. Code Ann. § 65.2-603. Claimant had suffered a work-related accident, which...
In most workers’ compensation cases, in order to establish an entitlement to benefits, it is the applicant’s initial burden of proof to establish that an injury or disease process arose out of employment and occurred in the course of employment. This...
Where an employee sustained a severe injury to his right hand that resulted in the amputation of all four fingers and his thumb—surgeons were able to reattach part of the thumb, but it had no pinching ability—the Board did not err when it made an award for 100...
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 New York Workers’ Compensation Board appropriately refused to apportion liability for claimant’s asbestos-related disease despite some evidence that the claimant had exposure to asbestos at multiple employers over a long period of time. The appellate court...
New York’s Workers’ Compensation Act includes a presumption of compensability if the employee’s injury occurs while he or she is at work [see N.Y. Work. Comp. Law § 21]. A state appellate court ruled that a widow could not take advantage of that presumption where...
Where an Ohio worker sustained partial amputation of three fingers on his left hand in an industrial accident, leaving him with a fully functioning thumb and index finger on that hand, he was not entitled to an award for total loss of use of his hand, held a state...
CALIFORNIA COMPENSATION CASES Vol. 81 No. 12 Dececember 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 ©...
The Special Workers’ Compensation Appeals Panel of the Supreme Court of Tennessee affirmed an award of PTD benefits to an X-ray technician who contended her migraine headaches were triggered by exposure to chemicals at a medical clinic where she worked. The...
Here’s the latest batch of advanced postings for the August 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...