LexisNexis® Legal Newsroom
NC: Cautious Medical Testimony Dooms Employee’s Claim of Aggravation Injury

A physician’s indication that it was “as likely as not” that an employee’s neck and shoulder injury was causally connected to an earlier work-related injury was insufficient to support a finding of medical causation, held a North Carolina appellate court recently. The court indicated...

Vermont Workers' Compensation Update: January to March 2014

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Chadwick Best an Attorney from Michigan will be filling the vacant Specialist II position at the Department SUPERIOR COURT DECISIONS Marshall v State of Vermont...

Wyoming: Burden of Proof Has Two Elements: Burden of Production and Burden of Persuasion

Reminding the parties that the burden of proof consists of two elements: the burden of production and the burden of persuasion, the Supreme Court of Wyoming affirmed the denial of workers’ compensation benefits for back pain that the claimant believed was related to an earlier workplace accident...

Washington: Reopening of Claim Allowed Since Employee Suffered Aggravation of Old Injury, Not New One

A Washington appellate court affirmed a decision that allowed the reopening of an employee’s workers’ compensation claim for a knee injury he suffered while working for his previous employer. The appellate court held that on the record presented, a reasonable jury could only conclude that...

Vermont Workers' Compensation Update: October to December 2015

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Charanko long term WC Specialist II has retired, but she is not going far as she is going to continue her work at the Department as a “temp” for the...

Wyoming: Injured Worker Unable to Show Second Shoulder Surgery Was “Reasonable and Necessary” to Treat Original Condition

Affirming a decision of a state trial court, the Supreme Court of Wyoming agreed that an injured worker failed to show that a second round of shoulder surgery was “reasonable and necessary,” in spite of the fact that during the second procedure, the worker’s surgeon discovered and repaired...

Tennessee: Injured Worker’s Death Due to Overdose Was Not Compensable

Reversing a decision of a state chancery court that had found an injured worker’s death due to acute oxycodone overdose, coupled with alcohol use, to be compensable, the Supreme Court of Tennessee held that the actions of the worker, in taking more of his opioid medication than prescribed and consuming...