LexisNexis® Legal Newsroom
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...

Virginia: Firefighter’s Presumption Requires Entitlement to “Some Form of Economic Indemnity”

In an opinion not designated for publication, a Virginia appellate court affirmed a decision by the state’s Workers’ Compensation Commission that held a retired firefighter-medic was not entitled to utilize the state’s “firefighter’s presumption” in connection with...

Federal: Plaintiffs’ Tort Action Against Employer Fails Where Injury Was Shown to Be “Substantially Certain,” But Washington State Law Required a Showing of Actual Certainty

Construing Washington state law, a federal district court has dismissed a civil action filed by an employee and his spouse against an employer that alleged the employer had actual knowledge that prolonged exposure to alumina caused illness to the lungs and heart based on the employer’s international...