LexisNexis® Legal Newsroom
Brad Wixen
California: Exceptional Psyche Cases: Making the Right Decision at the Crossroads

Under Labor Code Section 4660.1(c)(1), psychiatric impairment that is the consequence of a physical injury is no longer generally compensable. Yet, no one disputes that injuries do produce significant psychiatric impairment. In any given case, if this...

Thomas A. Robinson
Idaho: Additional Medical Care Allowed for Carpal Tunnel Syndrome Despite Five-Year Lapse in Medical Treatment

The Industrial Commission erred when it determined that a former employee was not entitled to additional medical care for her bilateral carpal tunnel syndrome (CTS) because, at least in part, she had not seen her treating physician in five years. The...

Thomas A. Robinson
Louisiana: Independent Contractors May Be Entitled to Benefits Under State’s “Manual Labor” Exception

Under Louisiana’s “manual labor exception,” an independent contractor may be protected by workers’ compensation law if he or she demonstrates that (1) a substantial part of his or her work time is spent in manual labor in carrying...

Thomas A. Robinson
New York: Employee’s Preexisting Asthma Insufficient to Support Employer’s Request for Relief from Special Disability Fund

A New York employer was not entitled to receive reimbursement from the Special Disability Fund pursuant to N.Y. Work. Comp. Law § 15(8)(d) unless it could establish three things: (1) that the injured worker had a preexisting permanent impairment...

Thomas A. Robinson
Texas: Appeals Court Overturns $43 Million Verdict on Exclusive Remedy Grounds

Where a general contractor enters into a written agreement under which the general contractor provides workers’ compensation insurance coverage to a subcontractor and the subcontractor’s employees through a contractor-controlled insurance...

LexisNexis Workers' Comp Law Newsroom Staff
California: Top 25 Noteworthy Panel Decisions (January through June 2017)

LexisNexis has selected some of the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2017. The list features a number of decisions addressing the issue...