LexisNexis® Legal Newsroom
Thomas A. Robinson
Ohio: Nurse Injured as She Walked to CPR Class Should Recover Benefits

A nurse, who sustained injuries when she fell in a pedestrian crossing as she returned to a cardiopulmonary resuscitation (“CPR”) training class, after retrieving forgotten class materials from her car, should recover workers’ compensation...

Thomas A. Robinson
Kansas: Firefighter’s Rule Barring Most Suits Against Third Party Extended to Police Officers

In a deeply divided decision, the Supreme Court of Kansas extended the firefighter’s rule to law enforcement officers. The rule, which is applied in more than half the states [see Larson’s Workers’ Compensation Law , § 110.08],...

Thomas A. Robinson
New York: Worker Has No Continued Attachment to Labor Market Where Job Search was Inadequate

Noting that labor market attachment is a factual issue for the New York Board to resolve, a state appellate court affirmed a decision that denied additional benefits to a claimant on the basis that she had failed to demonstrate continued attachment to...

Thomas A. Robinson
Florida: Heart-Lung Presumption Successfully Rebutted in Corrections Officer Claim

A Florida judge of compensation claims improperly credited the testimony offered by an expert medical advisor (EMA) where the physician based his opinion on an assumption that a correctional officer suffered a heart attack after several years of working...

Brad Wixen
California: Revisiting Navarro: When Is A New Panel QME Required?

From the limited information in the record in Hasley v. Frito-Lay, Inc., 2017 Cal. Wrk. Comp. P.D. LEXIS --, it appears that applicant, pro per, sustained injury to one or both of her hands. She did not initially file a claim form but instead filed an...

LexisNexis Workers' Comp Law Newsroom Staff
California: Medicare Settlement Agreements: The Perils of Unanticipated Problems After Settlement

What exactly is the role of the WCAB, not to mention the parties to the C&R, in addressing unanticipated problems that come up with an MSA after settlement? In Muniz Villalpando v. Doherty Brothers , 2017 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB...