Acknowledging that contingent fee arrangements in workers’ compensation cases were not per se unreasonable, the Supreme Court of New Hampshire held it was error for the state’s Compensation Appeals Board (CAB) to follow what amounted to a blanket rule...
Here’s the latest batch of advanced postings for the July 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...
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...
Emphasizing that with regard to expert medical testimony, one should not conflate the qualifications of the expert with the persuasiveness of the expert’s testimony, the Supreme Court of Pennsylvania reversed a decision by the state’s Commonwealth Court...
A Virginia appellate court affirmed the denial of a workers’ compensation claim filed by an employee, who spent 75 percent of her working time driving in a car provided for her by her employer, and who sustained injuries in a single-car rollover accident...
The Supreme Court of Connecticut affirmed an award of TTD benefits for an 11-month time period where evidence indicated the employee, who delivered parcels for the employer, fell ill while delivering a package to a fire station and, upon examination, fire personnel...
The claimant hurt his back in 2011 when he moved a 100-pound bag of sugar onto a pallet. The commission modified a finding that claimant not only strained his back, but hurt his prior degenerative spine, and increased the award more than $700,000. Valdez v Gilster...
A Pennsylvania appellate court held that it was error to suspend a claimant’s benefits solely because she received a disability pension and had moved to Nevada for its warmer climate; there was no evidence that she had permanently removed herself from the...
Where uncontradicted evidence indicated that the deceased service center manager had been under extreme stress—on the day prior to the manager’s fatal heart attack he had been advised by an EPA representative that the service center’s gas tanks were not in compliance...
Silicosis, an occupational lung disease caused by inhalation of crystalline silica dust, can be traced back to ancient Greeks and Romans. In the early 18th century, the noted Italian physician Bernardino Ramazzini observed sand-like substances in the lungs of stone...
The exclusive remedy provisions of the Illinois Workers’ Compensation Act and the Illinois Workers’ Occupational Diseases Act (collectively “the Acts”) bar an employee’s cause of action (and that of his or her estate) against an employer...
Here’s the latest batch of advanced postings for the November 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...
Where a heavy equipment maintenance worker died following a massive heart attack and prior to the onset of the worker’s cardiac symptoms he complained to his wife that he had great difficulty opening an access panel required to service one of his employer’s front...
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...
In a case that issued last week, the 2nd Appellate District declined to open a new avenue to avoid the exclusive remedy of workers’ compensation in Melendrez v. Ameron International Corporation , not only upholding the lower court’s grant of summary...