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Five Recent Cases You Should Know About (9/10/2010)

Larson's Spotlight on Consequential Condition, Date of Injury, Prisoner Employee Status, Obesity, Stumble Found Compensable. 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...

MO: Court Remands Permanent Total Claim for Arthritis

The Missouri court of appeals remanded an alleged permanent total claim against the Second Injury Fund based on a claim that two different types of arthritis synergistically combined. The Commission denied benefits and found that claimant’s work-related osteoarthritis did not combine with pre-existing...

Vermont Workers’ Compensation Update: October to December 2010

VERMONT SUPREME COURT DECISIONS McNally v. Department of PATH , 2010 VT 99 (Oct. 28, 2010). Court reverses and remands on direct appeal from Commissioner for error in application of legal analysis of compensability. "In performing this fundamental test [of whether an injury arose out of...

Cal. Comp. Cases March Advanced Postings (3/2/2011)

Here’s the first batch of advanced postings for the March 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the complete headnotes and summaries. Marin Garrison, Petitioner v. Workers' Compensation Appeals Board, County of San Deigo, PSI, Respondents...

Five Recent Cases You Should Know About (4/22/2011)

Larson's Pre-existing Condition, Exclusive Remedy, Settlement, Increased Risk, and Common Law Wife. 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. ...

MO: Slip at Work Becomes Slippery Slope for Employer

A 59-year old Dangerous Building Inspector was found unable to work as a result of a 2002 accident when his right foot became stuck in a hole, based on an 88-page opinion affirmed by the Commission. Pace v. St. Joseph , DOLIR 8-4-11. The claimant developed a cascade of problems following a knee...

Missouri: Commission Expands Claims Against Fund

An employee may collect benefits from the second injury fund, even though the underlying medical condition considered by itself may not qualify for the minimum statutory threshold. The Commission now clarifies what it perceives as a common “misperception” that prior impairments cannot be...

Workers Comp and the Affordable Healthcare Act

Assuming that Obamacare isn't grievously wounded by Congressional de-funding and that a Romney win in the election doesn't result in repeal of the law, what effect will it have on workers' comp? I've already received several client e-mails asking whether the Affordable Healthcare Act...

Workers Comp and the Affordable Healthcare Act

Assuming that Obamacare isn't grievously wounded by Congressional de-funding and that a Romney win in the election doesn't result in repeal of the law, what effect will it have on workers' comp? I've already received several client e-mails asking whether the Affordable Healthcare Act...

Vermont Workers' Compensation Update: June to September 2013

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. VERMONT WORKERS’ COMPENSATION UPDATE Lisa Brassard, WC Specialist II has left the Department to work for another agency within the State of Vermont. VERMONT...

Tennessee: 2009 Spinal Condition Was “New or Advance” Injury, Not Just Due to Aging

A special Workers’ Compensation Appeals Panel of the Supreme Court of Tennessee has held that in cases involving pre-existing conditions, the law does not weigh the relative importance of the pre-existing condition and an employment-related cause, nor does it look for primary or secondary causes...

Vermont Workers' Compensation Update: January to March 2016

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. The Voice of The Department, Ellen Gonyaw, the receptionist, has retired after almost 9 years to move to Maine to open a campground. We all wish her well and hope she...

Arizona: Portion of Former Soldier’s PTSD Disability Apportioned to Special Fund

As is the case in a number of states, Arizona allows “apportionment” of certain permanent injury claims between an employer and a “special fund” where the employee’s permanency results from the combination of a pre-existing condition and a subsequent work-related injury...