LexisNexis® Legal Newsroom
Iowa: Employee Compensated for an Injury While Tying His Boots

On appeal to the head of the Iowa workers’ compensation agency, a utility worker was compensated for a knee injury sustained while tying his boot at work, in Kerslake v. Alliant Energy, File No. 5028428 , Appeal Decision by Commissioner Godfrey filed March 22, 2011. Mr. Kerslake, an employee...

Missouri: Golf Ball Ends Sheriff’s Career

While playing golf at a charity event, a stray golf ball struck claimant in the forehead. His employer terminated him about 6 months later. Claimant states he was disabled due to problems with tinnitus, poor balance, memory loss, severe and frequent headaches, insomnia, mood swings and depression. The...

Missouri: Chasing Bad Guy Arises Out of Employment

A robber wearing a ski mask and carrying a box cutter demanded claimant turn over his employer's money. When the employer had only $1 on premises, the robber stole claimant's cell phone and fled. The robber dropped the cell phone but when claimant tried to pick it up he slipped and fell and hurt...

Larson’s Spotlight on Recent Cases: North Dakota Refuses to Adopt Positional Risk Doctrine

Larson's Spotlight on Positional Risk Doctrine, Medical Evidence, Total Permanent Disability, and Deviation From Employment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

Have Crockpot, Will Travel: A Delaware Decision on Course & Scope

As many of you now know, I had a fall of sorts at work a month ago and a recent MRI now shows fractures of the cuboid and the calcaneous. So no stilettos for me. And I have a work comp prescription card. Vicodin on someone else's dime. Pretty darn sweet. Accordingly, I now relate to the plight of...

Have Crockpot, Will Travel: A Delaware Decision on Course & Scope

As many of you now know, I had a fall of sorts at work a month ago and a recent MRI now shows fractures of the cuboid and the calcaneous. So no stilettos for me. And I have a work comp prescription card. Vicodin on someone else's dime. Pretty darn sweet. Accordingly, I now relate to the plight of...

Larson’s Spotlight on Recent Cases: Restaurant Waiter’s Choking on Quesadilla Was Not Actual Risk of Employment

Larson's Spotlight on Risk of Employment, PTSD claim, Intoxication Presumption and Marijuana, and Tort Action Against Employer. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has...

California: Causation of Injury v. Causation of Disability

Lexis.com subscribers can link to the cases cited below . The issue of causation has been a central theme in many recent cases. However, given that there are two types of legal causation in the world of workers’ compensation, it’s easy for people to get confused. 1. Causation of Injury...

No Basis for Apportionment When VR Expert’s Opinion Unrebutted: Cal. Comp. Cases August Advanced Postings (8/22/2012)

Here’s the fourth batch of advanced postings for the August 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Giroux Glass Inc., Indemnity Insurance Company of North...

Minnesota Supreme Court Explicitly Adopts "Increased Risk Test" as Basis for Determining Compensable Work Injuries

On December 26, 2013, the Minnesota Supreme Court in Dykhoff v. Xcel Energy , 2013 Minn. LEXIS 777 (lexis.com) 2013 Minn. LEXIS 777 (Lexis Advance) (Dec. 26, 2013), adopted the “increased risk test” for determining compensable work injuries. According to the Court, an injured worker must...

Missouri: Auto Accident Renders Traveling Nurse Totally Disabled

In a case with more than a ½ million in unpaid benefits, the issue boiled down to a simple dispute of where the injured worker was going in her car. Claimant contends she was going back to the office to send an urgent fax about a hospice patient when she was struck by a car in Seymour, Missouri...

Opinion of Treating Physician Found More Persuasive Than QME’s: Cal. Comp. Cases April Advanced Postings (4/8/2015)

Here’s the third batch of advanced postings for April 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Tina Solano, Petitioner v. Workers'...

Presumption of Employment Applied to Hairdresser: Cal. Comp. Cases May Advanced Postings (4/22/2015)

Here’s the first batch of advanced postings for the May 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Chelo's Hair Fashion, Petitioner...

Defendant Improperly Terminated Home Health Care Provided Since 2007: Cal. Comp. Cases May Advanced Postings (5/6/2015)

Here’s the third batch of advanced postings for May 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. Lions Raisins, aka Lions Raisins Packing...

Federal: Employee Terrorized in “Active Shooter Drill” May Sue Employer in Tort

Allegations by a nursing home employee that her employer secretly arranged an “active shooter drill” in which an on-duty Carbondale, CO police officer posed as a “gunman,” that the officer burst into the work area and held the plaintiff-employee hostage at gunpoint as she cried...

Termination Due to Fiscal Reasons as Insufficient Basis to Deny LC 4850 Benefits: Cal. Comp. Cases May Advanced Postings (5/13/2015)

Here’s the fourth batch of advanced postings for May 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes. © Copyright 2015 LexisNexis. All rights reserved. City of Bell, PSI, administered by Adminsure, Petitioner...

Utilization Review Untimely When Defendant Didn’t Subject Treating Physician’s Requests for Authorization to UR: Cal. Comp. Cases July Advanced Postings (6/26/2015)

Here’s the first batch of advanced postings for July 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. Deluxe Laboratories, ESIS, Inc., Petitioners...

Compensable Psychiatric Injury as a Result of Harassment by Co-Worker: Cal. Comp. Cases March/April Advanced Postings (3/24/2016)

Here’s the latest batch of advanced postings for 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. City of Santa Barbara, PSI, administered by JT2 Integrated...