LexisNexis® Legal Newsroom
CA: Injured Worker Denied Second Bite of the Apple to Meet Burden of Proof in Psyche Injury Claim

Gloria Rivas v. Posada Whittier/Berg Senior Services, Majestic Insurance Company Evidence--Medical Evidence--WCAB's Duty to Develop Record--WCAB rescinded WCJ's order deferring applicant/housekeeper's claim for psychiatric injury during period 1/2007 through 9/18/2007 pending further development...

Texas Appeals Panel Decision No. 100318 – MMI/IR

By Stuart D. Colburn, Shareholder, Downs Stanford The Claimant sustained a compensable injury in the course and scope of his employment. DWC selected a designated doctor for MMI/IR, but not for extent. The Designated Doctor certified maximum medical improvement with a 0% impairment rating. DWC...

Five Recent Cases You Should Know About (1/21/2011)

Larson's Spotlight on Claimant Status, Horseplay, Average Weekly Wage, Medical Evidence, 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 the list...

MO: Commission Reverses Sanctions For Tenuous Defense

The failure to introduce any medical evidence may not be much of a defense, but the limited defense is not so egregious as to warrant sanctions under 287.560 , according to two recent Commission decisions, reversing awards of sanctions from two different administrative law judges against the Second Injury...

Cal. Comp. Cases May Advanced Postings (5/25/2011)

Here's the fifth batch of advanced postings for the May 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the complete headnotes and summaries. Robert Erickson, Petitioner v. Workers' Compensation Appeals Board, Rau and Associates, Inc., Travelers...

Larson’s Spotlight on Recent Cases: North Dakota Refuses to Adopt Positional Risk Doctrine

Larson's Spotlight on Positional Risk Doctrine, Medical Evidence, Total Permanent Disability, and Deviation From Employment. 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...

CWCI Estimates California Workers’ Comp Drug Testing Costs Hit $98 Million in 2011

A new California Workers’ Compensation Institute (CWCI) study finds that widespread use of narcotic painkillers to treat work-related injuries – including relatively minor injuries where their use is not supported by medical evidence -- has fueled exponential growth in the use of drug testing...

Res Judicata Barred Petition to Reopen for New and Further Psychiatric Disability: Cal. Comp. Cases June Advanced Postings (6/7/12)

Here’s the second batch of advanced postings for the June 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. Laura Matook , Petitioner v. Workers' Compensation...

California Workers' Comp Case Roundup (6/9/2012)

CALIFORNIA COMPENSATION CASES Vol. 77 No. 5 May 2012 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 2012 LexisNexis. All rights reserved...

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’...

North Carolina: Medical Expertise Not Narrowly Defined, Oncologist Could Certainly Testify as to Esophageal Cancer

Medical experts need not be shown to be experts in the narrow field that a party contends is relevant to the issue in the case—here whether the deceased former employee’s esophageal cancer resulted from asbestos exposure—it was sufficient that the experts were experienced in oncology...

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...

California: Rating Multiple Disabilities Using the Combined Values Chart

A recent noteworthy panel decision provides guidance on the WCJ’s Role vs. the Medical Expert’s role A California WCAB panel has rescinded a Workers’ Compensation Judge’s (WCJ) finding that an applicant sustained 73 percent permanent disability as result of a 5/29/2009 industrial...

California: Parting Advice from a Presiding Judge

Norm Delaterre, the soft-spoken presiding judge who's retiring from the Santa Ana board at the end of October, made time recently to counsel attorneys on how not to tick off Orange County judges. Speaking at an Oct. 11 continuing legal education seminar, he gave a starting point. "Know your...

Alabama: Aggravation of School Custodian’s Myasthenia Gravis Linked to Chemical Exposure

The Supreme Court of Alabama, reversing the state’s Court of Appeals, reinstated a trial court’s decision awarding a school custodian PTD benefits stemming from her exposure to chemical fumes during the course of her employment. The employer had not disputed the fact that the custodian had...

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...

Alaska: Medical Evidence Supports Board’s Finding That Workplace Accident Was Not Substantial Cause of Employee’s Disability

Noting the considerable deference allowed to the state’s Workers’ Compensation Board when it comes to reconciling any differences in medical evidence, the Supreme Court of Alaska affirmed a decision that denied a former employee’s claim for additional benefits where substantial evidence...

Arkansas: Commission Resolves Conflicting Medical Evidence Against Employee

An Arkansas appellate court affirmed a decision by the state’s Workers’ Compensation Commission that denied an employee additional medical benefits for continued pain management where the court said the Commission considered the medical evidence, some of which was in conflict, and gave greater...

Pennsylvania: WCJ’s Rejection of Uncontradicted Medical Evidence Offered by IRE Physician Was Appropriate

Emphasizing that with regard to expert medical testimony, one should not conflate the qualifications of the expert with the persuasiveness of the expert’s testimony, the Supreme Court of Pennsylvania reversed a decision by the state’s Commonwealth Court and held that a WCJ’s rejection...

Idaho: Claimant Fails to Show Accident Was Predominant Cause of Need for Psychological Care

Reiterating the rule that the state’s Industrial Commission has broad discretion in weighing medical evidence and determining the credibility of conflicting expert opinions, the Supreme Court of Idaho, in a split decision, affirmed a Commission decision that a claimant had failed to establish entitlement...

North Carolina: Expert’s Accident Reconstruction Testimony Sinks Employee’s Claim

A North Carolina court affirmed a finding by the state’s full Industrial Commission that a patient food service technician’s torn rotator cuff did not arise out of and in the course of the employment where the Commission found compelling testimony by two experts in biomechanics and accident...

Wyoming: Commission Did Not Err In Accepting Seven Medical Expert’s Opinions Instead of Claimant’s Non-Expert Theory of Causation

Where the record established that the potential causes of a worker’s syncopal episodes were numerous and complex, the Wyoming Medical Commission did not abuse its discretion by accepting the evidence from seven medical experts, including the worker’s treating physician, and discounting the...

New York: Cautious Medical Testimony Dooms Claim for Stroke Allegedly Caused by Work-Related Stress

Reiterating the rule that the state’s Workers’ Compensation Board could not rely upon expert medical opinion that amounted to mere speculation, a state appellate court affirmed the Board’s determination that a claimant did not sustain a causally related disability resulting from his...

Texas: Pro Se Litigant Fails to Establish Causal Connection Between Back Injury and Work-Related Fall

Where a pro se litigant testified that she sustained injuries when she slipped and fell during the course and scope of her employment, but she did not introduce expert medical testimony that showed a causal link between her claimed conditions—disc herniations, cervical radiculitis, and lumbar radiculopathy—and...

Tennessee: Court Stresses Clear and Convincing Evidence Required to Rebut MIR Physician’s Impairment Rating

Under Tennessee’s medical impairment registry (“MIR”) program, where there is a disagreement among examining physicians as to the worker’s level of impairment, either party may seek an additional evaluation by an independent medical examiner from the workers’ compensation...