The Missouri Labor and Industrial Relations Commission has broad discretion in considering and receiving expert medical evidence, held a state appellate court. That discretion is in fact so broad that it was empowered to accept the opinion of an audiologist... Read More
Acknowledging that under Colo. Rev. Stat § 8-42-107(8)(b)(III), a division-sponsored independent medical examination (“DIME”) physician’s opinions concerning MMI and impairment are afforded presumptive weight, a state appellate... Read More
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... Read More
Noxious fumes and yellow smoke caused claimant's non-Hodgkin's lymphoma (multiple myelomas) and made him unemployable, according to a new decision from the Court of Appeals, which affirmed an award of PTD benefits. The award included safety... Read More
A claimant must demonstrate not only that he had an "accident" but also an "injury." An injury is not compensable unless the accident was the prevailing factor in both the medical condition and disability. Claimant had an "accident"... Read More
Where the former employee’s medical expert candidly allowed that he could not offer a medical opinion to a degree of absolute certainty that removed all speculation, but that he could say, to a reasonable degree of medical certainty, that the former... Read More
Noting that the Board was free to reject the medical opinion offered by the claimant’s expert and credit one rendered by an independent medical examiner, a New York appellate court held that the Board was not, however, free to misread the record... Read More
An Ohio appellate court affirmed trial court’s decision granting summary judgment to an employer in a workers’ compensation matter in spite of what the worker contended was a conflict in the medical evidence. The worker was diagnosed with... Read More
§ 440.13(5)(e), Fla. Stat., by its plain language, excludes from workers’ compensation proceedings the medical opinions of any doctor (other than independent medical examiners and expert medical advisors) who has not been authorized by the... Read More
The New York Workers’ Compensation Board erred when it found that a corrections officer's work activities were causally connected to his myocardial infarction where the employer’s medical expert opined that the infarction was not caused... Read More
A Pennsylvania appellate court held that while a psychologist may provide competent testimony in the claim petition context, if a claimant seeks to rebut competent impairment rating evaluation evidence, he or she must present evidence of similar character—i... Read More
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... Read More
My Daddy, who I lost the week before I started law school, always used to say "Jack of all trades, master of none." Maybe that's why my practice has been limited to work comp and that alone these last 30 plus years. Today's post... Read More
This case [ 2011 Tex. App. LEXIS 7881 ] concerns when a jury can disregard the testimony of the only expert who provided opinions or testimony to a jury. Tanner Brown was a City of Port Arthur (City) employee injured during a low-impact collision while... Read More
Acknowledging that the trial court has substantial discretion in weighing the evidence, including the medical evidence, but noting as well that where all the medical evidence was in the form of deposition, the reviewing court analyzes the evidence without... Read More