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Missouri: Knee Injury Produces Dire “Natural” Consequences

After claimant returned to work to unrestricted duty following a knee surgery he reported multiple additional accidents from falling and each new claim added different body parts. The employer argued the second injury fund was liable for a PTD claim due to a combination of multiple injuries. The court...

Duty to Develop Record When Inadequate Medical History Regarding Applicant’s Marijuana Use: Cal. Comp. Cases April Advanced Postings (4/16/2013)

Here’s the fourth batch of advanced postings for the April 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2013 LexisNexis. All rights reserved. Testequity, LLC, Hartford Insurance...

NC: Cautious Medical Testimony Dooms Employee’s Claim of Aggravation Injury

A physician’s indication that it was “as likely as not” that an employee’s neck and shoulder injury was causally connected to an earlier work-related injury was insufficient to support a finding of medical causation, held a North Carolina appellate court recently. The court indicated...

New York: To Support Apportionment, Prior Condition Must Be Disabling, Not Just Symptomatic

A New York appellate court held it was error to apportion an injured worker’s permanent disability based on medical testimony that 10 percent of the impairment was due to a 2009 work-related injury and that the rest was due to a 1981 work-related injury where the worker returned to work after the...

New York: Medical Testimony as to Possible Causes of Heart Attack Did Not Meet Evidentiary Standard

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 by work-related physical activity, but instead was...

North Carolina: Cautious Medical Testimony Does Not Amount to Mere Speculation

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 employee had experienced a new injury that materially...

Florida: Self-Help Physician May Not “Bootstrap” Medical Necessity of Treatment into Evidence

§ 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 employer/carrier. Accordingly, the medical opinions...