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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...