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AFL-CIO Death on the Job Study Reveals Dangerous Workplaces, Inadequate Enforcement

WASHINGTON, D.C. - The nation's workplace safety laws and penalties are too weak to effectively protect workers, according to the new AFL-CIO annual report released today: Death on the Job: The Toll of Neglect. As the country reels from the loss of the 29 miners at the Massey Upper Big Branch coal...

Five Recent Cases You Should Know About (7/23/2010)

Larson's Spotlight on Filing of Claim, Accidental Injury vs. Normal Work Routine, Mesothelioma Death Claim, Post-Traumatic Stress Claim, and Occupational Disease. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (9/10/2012)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: Illicit Drug Use May Vary by Payer Type; Detection Rate as High as 17% . NCCI Posts Latest National...

High Costs of Longer-Term Opioid Use: Workers’ Compensation Study Finds Heavy Use Compounds Medical Issues

Proof that “a higher use of opioids [among patients with occupational diseases] may … lead to addiction, increased disability or work loss, and even death” prompted the Workers’ Compensation Research Institute to conduct a study entitled “Longer-Term Use of Opioids.”...

California: Labor Code Does Not Permit Defendant to Bury Its Head in the Sand to Dodge Its Obligations

In The Romano Trust v. The Kroger Co . , 2013 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel declared it had rarely encountered a case in which a defendant “has exhibited such blithe disregard for its legal and ethical obligation to provide medical care to a critically injured worker.” In Romano...

California Workers' Comp Case Roundup (1/4/2014)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 12 December 2013 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2013 LexisNexis. All rights...

Texas: Widow’s Gross Negligence Action Against Employer Fails

In Texas, an employer that causes the death of an employee due to the employer’s gross negligence or intentional acts or omissions is subject to suit for exemplary damages brought by the surviving spouse or heirs of the deceased employee [see Tex. Labor Code Ann. § 408.001(a)-(b)]. A state...

Missouri: Dependent Awarded Life-time Comp Benefits After His Father’s Cocaine-related Death

Agnew sustained catastrophic injuries when he was 22 years old after he fell from a roof in 1999. He sustained T9 paraplegia and required multiple spinal surgeries and psychiatric admissions. He received multiple treatment involving more than $2.2 million in care. In 2008 he was found dead in a Wal-mart...

Nebraska: Wyoming Coroner’s Report Not Entitled to Full Faith and Credit

A Wyoming county coroner’s report that listed the cause of death as an accidental overdose of medications an injured worker was taking to relieve pain following a compensable injury is evidence to be considered, but it is not entitled to full faith and credit, held a Nebraska appellate court. The...

Oregon: Claimant’s Estate May Pursue PPD Claim Filed Prior to Claimant’s Death

Reversing the state’s Court of Appeals, the Supreme Court of Oregon held an estate was authorized to pursue a request for hearing seeking an award of PPD benefits that claimant filed before his death, in spite of the fact that the cause of his death was unrelated to the work injury. The Court reasoned...

Florida: Surviving Spouse’s Fails to Establish Employee’s Death Was “Virtually Certain”

A Florida appellate court affirmed a trial court’s summary judgment favoring a general contractor in a civil action filed against it by the surviving spouse of an employee who was run over and killed by a dump truck while the employee worked at night on a highway construction project. Applying...

Alabama: Settlement Agreement Signed by Parties, But Not Approved by Trial Court, Dies Along With Claimant

Under the provisions of by Ala. Code § 25-5-56, the trial court must approve any agreement compromising an injured worker’s benefits in order to be enforceable. Under that rule, an Alabama appellate court affirmed a finding that a settlement agreement that had been signed by the parties and...

California: Top 25 Noteworthy Panel Decisions (July–December 2015)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2015. The list features a number of decisions addressing the assignment and reporting of panel qualified medical evaluators...

Wyoming: Father May Maintain Tort Action Against Employer for Mental Injury Associated With Son’s Death

The Supreme Court of Wyoming found that a negligent infliction of emotional distress claim filed by an employee against the employer and one of the employer’s superintendents following the death of his son, who also worked for the employer at the same work site, was not derivative of the associated...

New York: Airport Worker’s Work In Freezing Weather Causally Connected to Heart Attack

Substantial evidence supported a finding by the Board that an employee’s fatal heart attack was causally related to his employment where the decedent and others were called upon to deal with a frozen valve, the decedent was required to travel outside at night across snow-covered ground in freezing...

Seizure Was Compensable Consequence of Industrial Head Injury: Cal. Comp. Cases July Advanced Postings (7/7/2016)

Here’s the latest batch of advanced postings for the July 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. CR England, XL Specialty Insurance...

Oklahoma: Intentional Tort Case May Continue Under “Substantially Certain” Rule

The Supreme Court of Oklahoma held that there were material issues of fact as to whether the decedent’s employer knew that injury or death was substantially certain to result from the task decedent and his coworkers were directed to complete and the conditions in which they were required to work...