The presumption contained in N. Y. Workers' Comp. § 21(a) was insufficient to support an award of death benefits to a widow whose husband suffered an injury by accident in 2004, was awarded PPD in 2007, and who died in 2016, where the only medical evidence...
Hawaii's presumption of compensability cannot be overcome merely by the employer's offer of evidence that some cause, other than the employment, was medically plausible in producing the injured worker's condition or illness, held the Supreme Court of...
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 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...
In order to rebut the presumption of compensability found in N.Y. Workers’ Comp. Law § 21, an employer must come forward with “substantial” evidence, not just some evidence, to the contrary, held a state appellate court. Accordingly, where an employee sustained...
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 New York appellate court reiterated the important legal point that while it is true that, absent substantial evidence to the contrary, N.Y. Work. Comp. Law § 21(1) affords a presumption that an accident that occurs in the course of employment also arises out...
CALIFORNIA COMPENSATION CASES Vol. 83 No. 3 Mar 2018 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...
The Supreme Court of Wyoming held the state’s Office of Administrative Hearings committed error when it affirmed the denial of benefits to a worker who sustained a head injury while working as a well operator. The worker, who typically worked alone, had earlier...
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...
In a split decision, a Florida appellate court held that a single—abnormally high —blood pressure reading taken at an employment physical eight years before a police officer’s claim for workers’ compensation benefits was not “any evidence” of hypertension under...
A state appellate court held that while it was inappropriate for the Board to apply the presumption of compensability found in N.Y. Work. Comp. Law § 21(1), given the fact that the issue was whether decedent was actually performing his duties at work when he sustained...
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...
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...