LexisNexis® Legal Newsroom
Chicken Impossible: Second Time’s a Charm for Avian Flu Case in Delaware

While it is not yet Easter, tis the season where my thoughts turn to the Easter Basket-and ever since I was a toddler, my favorite has always been the marshmallow peeps. I love peeps and could easily eat a box of 12 in one sitting. The Queen Mother's favorite baby picture of me is one in which a...

Larson’s Spotlight on Recent Cases: Civil Action Against Supervisor Moves Forward

Larson's Spotlight on Civil Action Against Co-Employee, Exclusive Remedy, Volunteer Status, and Causation Involving Fatal Overdose. 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 ,...

I Can See Clearly Now, Just Can’t Hear So Good

By Stephen Embry, Embry and Neusner, Groton, Connecticut In the study of the law styled jurisprudence, there are many schools of thought. Some students of the law believe that past cases predict the future and that precedent must prevail. In this philosophy, past words have meaning and are the expression...

Many Work-related Disabilities Go Uncompensated: Compromising "The Great Compromise"

By John Stahl, Esq. Evidence that many workers’ compensation claimants have not received payments under “The Great Compromise” – the bargain that traded the right to sue employers regarding employment-related harm for the right to timely and appropriate benefits – has...

A Call For Workers' Compensation Reform - Compromising The Great Compromise: Many Work-Related Disabilities Are Uncompensated

By John Stahl, Esq. Evidence that many workers’ compensation claimants have not received payments under “The Great Compromise” – the bargain that traded the right to sue employers regarding employment-related harm for the right to timely and appropriate benefits – has...

A River Runs Through It…… Not in this Little Ditty about Mold Exposure in Delaware

Today's case comes courtesy of Bob Richter of Elzufon, Austin, Tarlov & Mondell. It is an occupational disease/toxic exposure case which went to the Board last summer and for which the Motion for re-Argument was denied in late November. I have had my eye on this case, as I represented the claimant...

Sarcoidosis, Sleep Apnea, Obesity….. Anything but Asbestosis in this DE IAB Victory for Employers

It's a funny thing. You can go years without a sarcoidosis case and then you have two in the space of less than a week. Friday's post, A River Runs Through It (3/1/13) was about the denial of a claim for sarcoidosis. In yet another employer victory, we have a little bit of a spin with the sarcoid...

Just a Few Too Many Kodak Moments in This DE Occupational Disease Case

I am really on a roll when it comes to occupational disease. No, I am not talking about my (unimpeachable) track record at the IAB; I am talking about a flurry of posts on exposure here in the First State. Today's case is so special, so multi-faceted, so very compelling that whoops, I did it again...

Missouri: Lab Tech Proves a Work-Related Hep C Infection

What does the widow of a deceased hospital employee have to prove to make a submissible case when the claimant worked around blood during his career and many years later develops hepatitis? In a March 26 decision, Smith, dec. v Capital Region Medical , No. WD75078 (Mo Ct. App 2013), the court of appeals...

Larson’s Spotlight on Recent Cases: Extended Premises Doctrine Applied to Slip and Fall Case

Larson's Spotlight on Premises Doctrine, Intentional Tort, Occupational Disease, and Covered Situs. 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 the list below. ...

Missouri: No Future Medical From Pig Work

The Commission reversed an award for future medical benefits to a pig farm worker with Legionnaire’s Disease who lapsed into a coma and spent 6 weeks unconscious. Navis v Premium Standard Farms, 2013 MOWCLR Lexis 128 (lexis.com), 2013 MOWCLR Lexis 128 (Lexis Advance) (July 18, 2013). Navis in...

Missouri: Exclusive Remedy Does Not Apply to Occupational Disease Claims

Agreeing with the appellate court for the state’s Western Division which, in a split decision, had held that the exclusivity provisions of § 287.120 RSMo do not apply to occupational disease claims [ State ex rel. KCP & L Greater Mo. Operations Co. v. Cook , 353 S.W.3d 14 (Mo. App. W.D...

PA: Where Occupational Disease Is Manifested Outside 300-Week Prescription Period, Civil Action Against Employer Is Not Barred by Exclusivity

In a split decision, the Supreme Court of Pennsylvania recently held that claims for an occupational disease, in this case mesothelioma resulting from asbestos exposure, which manifested outside the 300-week period prescribed by the Workers' Compensation Act (WCA), 77 Pa. Stat. Ann. § 411(2...

New York: Exposure to Potato Chip Seasoning Caused Employee’s Pulmonary Condition

A New York appellate court recently affirmed a finding by the state’s Workers’ Compensation Board that awarded benefits to a worker who claimed he suffered from an occupational disease or condition in the form of chronic hypersensitivity pneumonitis, caused by 12 years of work-related exposure...

North Carolina: Worker’s Brain Cancer Claim Related to Alleged X-Ray Exposure Fails

In order to establish an occupational disease or injury claim, a North Carolina claimant is not required to prove that he or she was exposed to a specific quantity of a harmful agent. A North Carolina appellate court reiterated the rule, however, that the claimant must establish that "the substance...

Tennessee: Farmer’s Lung Contracted From Conditions on Property Adjacent to and Not Owned by Employer Still Compensable

A Tennessee appellate court held that in connection with an occupational disease claim, an employee need not show that the exposure or risk is related to a substance that emanates from the employer; it is sufficient to show that the exposure or risk is “connected to” the employment. Accordingly...

Employers/Insurers Who Treat Ebola as Occupational Disease Do So at Their Peril

Workers in any profession can show a work connection to ebola and need not prove that ebola is a risk peculiar to their job 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’...

The All Hallows’ Eve Post…… and a Death Claim Denied in the First State

I am not a big fan of Halloween. I love the fall, autumn leaves and pumpkins and smells which are uniquely baked good smells- cinnamon, nutmeg, gingerbread, apple and the like. Not so much a fan of the darker things- skulls, skeletons, devils. And too much celebration of the dark side for my taste…...

New York: Employee Fails to Establish Claim for Allergic Aspergillosis Due to Alleged Mold at Work

A New York appellate court reversed a decision of the state’s Workers’ Compensation Board that concluded that an employee who worked for some 23 years at a garbage recycling and energy production facility had sustained an occupational disease in the form of allergic bronchopulmonary aspergillosis...

Louisiana: High Court Says Noise-Induced Hearing Loss Falls “Squarely” Within Parameters of State Comp Act

In a split decision, the Supreme Court of Louisiana held that occupational noise-induced hearing loss (“NIHL”) fell squarely within the parameters of the state’s Workers’ Compensation Act (LWCA), either the pre–1990 definition of “accident” or the post–1975...

Alabama: Receipt of Short-Term Disability Benefits Does Not Always Toll Statute of Limitations for Filing Occupational Disease Claim

Receipt of short-term disability benefits under an employer-sponsored plan does not toll the two-year statute of limitations for the filing of an occupational disease claim in Alabama where there was nothing in the paperwork associated with the benefits that indicated that the worker had contracted her...

New York Workers’ Compensation Trends and Developments for 2015

Many of the new developments in Workers’ Compensation Law and Practice in New York in 2015 were in the area of administrative and regulatory changes resulting from the Workers’ Compensation Board’s Business Process Re-engineering Project (BPR). There were very few legislative developments...

Pennsylvania: Firefighter Must Show His or Her Type of Cancer is Caused by Exposure to “Group 1” Carcinogen

In order to take advantage of Pennsylvania’s firefighter’s presumption found in § 301(e) and (f) of the Workers’ Compensation Act, the firefighter must show that he has been diagnosed with a type of cancer “ caused by exposure to a known carcinogen which is recognized as...

Pennsylvania: Firefighter’s Cancer Claim Found to be Time-Barred

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 to workplace hazards while working as a firefighter...

Pennsylvania: Retired Firefighter Did Not Show Work Connectedness of Prostate Cancer

The state’s Workers’ Compensation Appeal Board did not err when it denied benefits to a retired firefighter for his prostate cancer, where the Board determined that the claimant did not prove that his cancer was caused by exposure to 1ARC Group I carcinogens, for purposes of being an occupational...