LexisNexis® Legal Newsroom
Larson's Spotlight
New York: Airport Worker’s Work In Freezing Weather Causally Connected to Heart Attack

Substantial evidence supported a finding by the Board that an employee’s fatal heart attack was causally related to his employment where the decedent and others were called upon to deal with a frozen valve, the decedent was required to travel outside...

Larson's Spotlight
New York: Claimant’s Motorcycle Riding Disqualifies Him From Benefits

The Board was justified in finding claimant had violated N.Y. Work. Comp. Law § 114-a and should be disqualified from receiving wage replacement benefits where the claimant represented to an orthopedic surgeon that he could not do anything more than...

Larson's Spotlight
California: Claimant’s Psychiatric Injury Was Not “Extraordinary” Under the Circumstances

Under Cal. Labor Code § 3208.3(d), where the employer has employed an employee for less than six months, the employee may not recover for a psychiatric injury unless the injury is caused by a “sudden and extraordinary employment condition.”...

Larson's Spotlight
Florida: Supreme Court Strikes Down Mandatory Attorney Fee Schedule for Claimants

The Supreme Court of Florida, in a split decision, held that the mandatory attorney fee schedule contained in § 440.34, Fla. Stat., which precludes any consideration of whether the fee award is reasonable to compensate the attorney, is unconstitutional...

California Compensation Cases Staff
California Workers’ Comp Case Roundup (4/29/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 4 April 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...

Daniel M. Kowalski
CA9 on Reasonable Fear Determinations, Reinstatement, Standard of Review: Andrade-Garcia v. Lynch

Andrade-Garcia v. Lynch, Apr. 29, 2016 - "Nelson Andrade-Garcia petitions for review of the immigration judge’s determination, in a reasonable fear proceeding, that he lacked a reasonable fear of torture and therefore is not entitled to relief...