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The fact that a retired Nevada firefighter had no actual "wages" to replace, since his diagnosis for prostate cancer came three years after his retirement, did not mean he should not be awarded disability benefits based upon the wages he was...

Here’s the second batch of advanced postings for the October 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All...

Here’s the first batch of advanced postings for the March 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. City...

Mike Galbraith is the man of the hour. I always love being blessed by those who highlight significant developments in this recent case law for me. Or obscure or unique issues. Here is an issue for you: Average weekly wage is fleshed out at the time...

A Tacoma firefighter, who contended that he had contracted valley fever after inhaling fungal spores while responding to emergency calls on Interstate 5 in Washington state—he alleged the spores were transported by vehicles traveling north from...

It is axiomatic that firefighting is a hazardous occupation. But should the more insidious risk of developing cancer be added to list of more obvious hazards faced? Building on previous research that seems to point in this direction, a recent study, Mortality...

Where a firefighter established a prima facie case for compensability under ORS 656.802(4), Oregon’s “Firefighter Presumption,” both the burden of production and the burden of persuasion shifted to the employer to prove that the claimant’s...

An Ohio appellate court recently found that a magistrate had properly determined the facts and applied the appropriate law in finding that the Commission had not abused its discretion when it, in turn, found that the worker, a former firefighter, had...

CALIFORNIA COMPENSATION CASES Vol. 82 No. 4 Apr 2017 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...

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...

Reiterating that the burden is upon the claimant to establish—by competent medical evidence—a causal connection between the employment and the claimed disability, a New York appellate court affirmed a determination by the full Board (in a...

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’ compensation. At the core of the American system of workers’...

A Pennsylvania appellate court affirmed the denial of workers’ compensation benefits relating to the occupational disease of cancer suffered by a firefighter because the claim was not brought within 600 weeks of the firefighter’s last exposure...

Larson's Spotlight on Firefighter's Rule, UIM Coverage, Denial of Medical Treatment, and Presumption of Compensability. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's...

WASHINGTON, D.C. - (Mealey's) A private attorney who is temporarily retained by the government to carry out the government's work may seek qualified immunity from a lawsuit under 42 U.S. Code Section 1983, a unanimous U.S. Supreme Court ruled...