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Five Recent Cases You Should Know About (2/11/2011)

Larson's Spotlight on Collateral Source Rule, Insurance Agent Liability, Tribal Land, Causal Connection, and Notice of Injury. 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...

Iowa: Employee Compensated for an Injury While Tying His Boots

On appeal to the head of the Iowa workers’ compensation agency, a utility worker was compensated for a knee injury sustained while tying his boot at work, in Kerslake v. Alliant Energy, File No. 5028428 , Appeal Decision by Commissioner Godfrey filed March 22, 2011. Mr. Kerslake, an employee...

Five Recent Cases You Should Know About (5/6/2011)

Larson's Spotlight on Tort Action, Traveling Employee, Third Party Complaint Against Co-Worker, Causal Connection, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...

Texas Court Ties Injured Worker’s Drug Overdose to Side Effects of Prescription Pain Medication

It is axiomatic in workers’ compensation law that a subsequent injury, whether an aggravation of the original injury or a new and distinct injury, is compensable if it is the direct and natural result of a compensable primary injury [see Larson’s Workers’ Compensation Law , § 10...

Missouri: Court Tightens Burden of Missouri Employer to Invoke Safety Penalty

Claimant carried a 100-pound roll of composite on to a roof, he hurt his back and became totally disabled. The Western District court of appeals reversed the 50% safety penalty on his benefits applied by the administrative law judge and the Commission and remanded the case for further findings. Carver...

Larson’s Spotlight on Recent Cases: No Benefits for Salmonella Poisoning From Catered Lunch

Larson's Spotlight on Course and Scope, Exclusive Remedy, and Causal Connection. 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. OH: No Benefits...

OHIO: Lapse of Time Between Incident and Treatment Amplifies Need for Expert Testimony on Causation

It is often said that just as the “instantaneous nature of an observed causal progression is a familiar element in cases dispensing with medical testimony, so a delay between the accident and the symptoms, disability or death diminishes any such self-evident causal relation [Larson’s Workers’...

Wyoming: Burden of Proof Includes the “Burden of Persuasion”

Emphasizing that the burden of proof contains two elements: (i) the burden of production and (ii) the burden of persuasion, the Supreme Court of Wyoming recently affirmed a trial court’s finding that a claimant failed to establish a causal connection between a compensable 1988 lower back injury...

The Top 10 Bizarre Workers' Comp Cases for 2013

© Copyright 2014 LexisNexis. All rights reserved. For reprint permission, contact Robin.E.Kobayashi@lexisnexis.com . During the past several Januarys, I’ve shared with readers my annual list of bizarre workers’ compensation cases for the prior year. In doing so, I reenact, in part...

Kentucky: Claimant’s Lay Testimony Insufficient to Establish Causal Connection Between Her Need for Additional Treatment and Work-Related Injuries 23 Years Earlier

Testimony by a claimant that she continued to have pain and discomfort almost 23 years after sustaining a work-related back injury, together with a physician’s notes that indicated those same complaints had been recounted to the doctor at an office visit, but which were silent with regard to causation...

Kansas: Employee Fails to Prove Peanut Allergy Related to Her Employment

A Kansas appellate court affirmed the denial of a worker’s claim that she had developed a peanut (or related) allergy while working at the employer’s candy factory, holding that the evidence supported the finding that she had failed to prove the required causal connection between her alleged...

New Arthritis Study Shows O*Net Could Help Predict Chronic Disease

A recent study points to a positive and consistent relationship between O*NET ratings of physical job demands and the risk of contracting arthritis later in life. Importantly, the study also demonstrates the utility of using such O*NET job descriptors to estimate the long-term risks of contracting other...

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’...

New York: Causal Connection Between Rare Cancer and Employment Chemical Established

A New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that the deceased employee’s ureteral cancer was causally connected to his employment exposure to a chemical, orthotoluidine. While the chemical is known to cause bladder cancer, there were no studies...

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...

North Carolina: Court Explains Important Difference Between “Sequence” and “Consequence”

A North Carolina appellate court affirmed a state Industrial Commission decision that found, in relevant part, that a worker’s depression was causally connected to a work-related injury and, therefore, compensable. The employer contended that testimony by the worker’s medical expert was improper...

Virginia: Court Affirms Denial of Unwitnessed Death Claim

Continuing its stance within the minority of states that refuse to provide a presumption of compensability in cases in which a worker suffers fatal injuries in an unwitnessed accident, a Virginia court has affirmed the denial of death benefits to the estate of a worker who died from injuries caused by...

Truth and Consequences of the Affordable Care Act: Shifting of Patient Treatment From General Healthcare to Workers’ Compensation

By Ryan Benharris, Esq. The Impact of the Affordable Care Act on National Workers’ Compensation was the leadoff session at the 2015 Workers Compensation Research Institute (WCRI) Annual Convention. “Resilience or Renovation,” was the overall theme of this year’s event, which...

Michigan: No Retaliatory Discharge Where Injured Employee Left Work Without Appropriate Excuse

In an unpublished decision, a Michigan appellate court affirmed a trial court’s grant of summary judgment favoring an employer in an injured worker’s retaliatory discharge action, finding that plaintiff could not make the requisite showing of a causal connection between the protected activity—seeking...

Oregon: Employer Need Not Pay for Additional Surgery Since Procedure Was Only Tangentially Related to Original Injury

An Oregon court held substantial evidence supported a decision by the state’s Workers’ Compensation Board that medical services requested by a claimant were not compensable under Or. Rev. Stat. § 656.245(1)(a), which requires the employer to provide “medical services for conditions...

Virginia: Even With Firefighter’s Presumption, Claimant Fails to Show Causal Connection Between Employment and Prostate Cancer

In addition to its special statutory presumptions of compensability favoring firefighters and police officers claiming respiratory and heart diseases connected with the exertions of their employment, Virginia adds a separate presumption favoring that same group of public servants who contract cancer...

Tennessee: Store Manager’s PTSD Found Compensable After Encounter With Purse Snatchers

A store manager who sustained injuries in her employer’s parking lot after she pursued two persons, posing as customers, who stole her purse from the store, could recover workers’ compensation benefits for psychological injuries in the nature of PTSD, held the Special Workers’ Compensation...

Utah: High Court Clarifies Direct and Natural Results Test; Second Injury Compensable Only if First Injury Was “Significant Contributing Cause”

A school bus driver, who sustained a compensable back injury in 2003, when he fell down the steps of his school bus could, under an appropriate factual finding, recover additional workers’ compensation benefits when four years later a child jumped on his back and knocked him to the ground at a...