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Municipality Not Entitled to Reimbursement for Workers' Comp Outlay When Firefighter Injured Assisting Another Town's Fire Department

In May 2004, a significant fire broke out within a complex of apartments and condos in West Hartford. The West Hartford fire department responded to the call and soon realized that the size and ferocity of the blaze was beyond its resources. The officer on the scene requested assistance from the City...

Five Recent Cases You Should Know About (5/3/2010)

Larson’s Spotlight on Illegal Aliens, Death Benefits, Collateral Source, Offset, and Termination. 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...

Death Benefits: Transgendered Woman Loses First Round in Texas

The controversy and debate over the meaning of marriage and who can marry recently played out in a Texas case where a firefighter, who was married to a transgendered woman, died while fighting a fire at an egg farm. At stake were $600,000 in death benefits and estate assets. The mother of the firefighter...

Back to the Future: A Retroactive Wage Adjustment in Delaware

Mike Galbraith is the man of the hour. I always love being blessed by those who highlight significant developments in this recent case law for me. Or obscure or unique issues. Here is an issue for you: Average weekly wage is fleshed out at the time an Agreement as to Compensation is tendered. A...

Back to the Future: A Retroactive Wage Adjustment in Delaware

Mike Galbraith is the man of the hour. I always love being blessed by those who highlight significant developments in this recent case law for me. Or obscure or unique issues. Here is an issue for you: Average weekly wage is fleshed out at the time an Agreement as to Compensation is tendered. A year...

Leave of Absence Benefits Did Not Constitute Temporary Disability Indemnity for Purposes of Temporary Disability Cap: Cal. Comp. Cases March Advanced Postings (2/29/2012)

Here’s the first batch of advanced postings for the March 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. City of San Rafael, PSI, adjusted by Redwood Empire Municipal...

Larson’s Spotlight on Recent Cases: Firefighter’s Rule Did Not Bar Tort Action Against Homeowner

Larson's Spotlight on Firefighter's Rule, UIM Coverage, Denial of Medical Treatment, and Presumption of Compensability. 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 Role of Presumptions Within the Workers’ Compensation Arena

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’ compensation. At the core of the American system of workers’ compensation law is the grand bargain struck between...

New Study Shows Correlation (But No Direct Causal Link) Between Firefighting and Cancer

It is axiomatic that firefighting is a hazardous occupation. But should the more insidious risk of developing cancer be added to list of more obvious hazards faced? Building on previous research that seems to point in this direction, a recent study, Mortality and cancer incidence in a pooled cohort of...

Ohio: Firefighter’s Decision to Take Low Paying Job as Deer Herder Nixes Claim for Working Wage Loss

An Ohio appellate court recently found that a magistrate had properly determined the facts and applied the appropriate law in finding that the Commission had not abused its discretion when it, in turn, found that the worker, a former firefighter, had not utilized his best efforts to obtain suitable employment...

Adult Children Can Receive Lifetime Death Benefits: Cal. Comp. Cases October Advanced Postings (10/1/2014)

Here’s the second batch of advanced postings for the October 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights reserved. Alameda County Fire Department...

Washington: Firefighter’s Valley Fever Not Compensable as a Respiratory Disease

A Tacoma firefighter, who contended that he had contracted valley fever after inhaling fungal spores while responding to emergency calls on Interstate 5 in Washington state—he alleged the spores were transported by vehicles traveling north from California—is not entitled to the firefighters...

Oregon: To Rebut Firefighter’s Presumption, Employer Must Meet Both Burden of Production and Burden of Persuasion

Where a firefighter established a prima facie case for compensability under ORS 656.802(4), Oregon’s “Firefighter Presumption,” both the burden of production and the burden of persuasion shifted to the employer to prove that the claimant’s condition or impairment was unrelated...

Pennsylvania: Firefighter’s Cancer Claim Found to be Time-Barred

A Pennsylvania appellate court affirmed the denial of workers’ compensation benefits relating to the occupational disease of cancer suffered by a firefighter because the claim was not brought within 600 weeks of the firefighter’s last exposure to workplace hazards while working as a firefighter...

California Workers' Comp Case Roundup (5/5/2018)

CALIFORNIA COMPENSATION CASES Vol. 82 No. 4 Apr 2017 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 2017 LexisNexis. All rights...

California: Dividing Up Injuries Based on Date of Knowledge

In Gravlin v. City of Vista, 2017 Cal. Wrk. Comp. P.D. LEXIS 133 , applicant, a fire fighter for some 27 plus years, developed both skin cancer and a cardiovascular injury in the course and scope of his employment. He was seen by two QME’s, both of whom found that due to legal presumptions for...