LexisNexis® Legal Newsroom
Vermont Workers’ Compensation Update July to September 2010

Saffold v. Palmieri Roofing Inc. , Opinion No. 24-10WC (July 14, 2010). Defendant's motion for summary judgment on aggravation denied as discrepancies exist between expert opinions as to whether the degenerative condition is independent of the work injury, thus evidentiary hearing is required...

Total Disability Before Job Injury Precludes Fund Recovery

A claimant’s lack of candor about a prior medical condition while obtaining a new job may help to prove a prior disability. In Cook v Buckley Powder Company , DOLIR 3-17-11, the Commission found that no employer would have hired claimant in his job to handle and lift explosives if he had been candid...

MO: Cleaning Bathroom Doesn’t Render Claimant Totally Disabled

Claimant alleged he choked and sustained a myocardial infarction from noxious fumes after he sprayed an apartment bathroom on one occasion to remove mold. The claimant's expert attributed claimant's symptoms to muriatic acid fumes. The Commission denied benefits in the claim against the second...

Larson’s Spotlight on Recent Cases: Injured Worker Tests Positive for Drugs, Prevails in Her Claim workers compensation

Larson's Spotlight on Statutory Presumption, Unusual or Extraordinary Exertion, Serious and Willful Misconduct by Employee, and Admission of Compensability. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'...

Where Do Broken Hearts Go? Not to the Delaware IAB, That’s for Sure!

The title of this post is a salute to the late great Whitney Houston. This week we have a guest blogger, Wil Davis, of the New Castle County Law Department. Wil is one of two guest bloggers who will be featured on The Detour & Frolic this week. I am grateful to Wil for highlighting a recent IAB decision...

Where Do Broken Hearts Go? Not to the Delaware IAB, That’s for Sure!

The title of this post is a salute to the late great Whitney Houston. This week we have a guest blogger, Wil Davis, of the New Castle County Law Department. Wil is one of two guest bloggers who will be featured on The Detour & Frolic this week. I am grateful to Wil for highlighting a recent IAB decision...

Workers' Comp Fraud Blotter (10/4/2012) – Father and Daughter Plead Guilty to Workers’ Compensation and Tax Fraud

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud Blotter...

Missouri Second Injury Fund: Is It Time to Re-Define Disability?

No case highlights the financial crisis of Missouri’s second injury better than the recent case of Skirvin v Treasurer of State of Mo. WD 75441 (Mo. App. 2013), 2013 Mo App. Lexis 84 , which describes the Fund’s incapacity to pay millions of dollars in awarded benefits. One issue underlying...

Missouri Second Injury Fund: Is It Time to Re-Define Disability?

No case highlights the financial crisis of Missouri’s second injury better than the recent case of Skirvin v Treasurer of State of Mo. WD 75441 (Mo. App. 2013), 2013 Mo App. Lexis 84 , which describes the Fund’s incapacity to pay millions of dollars in awarded benefits. One issue underlying...

Missouri Second Injury Fund: Is It Time to Re-Define Disability?

No case highlights the financial crisis of Missouri’s second injury better than the recent case of Skirvin v Treasurer of State of Mo. WD 75441 (Mo. App. 2013), 2013 Mo App. Lexis 84 , which describes the Fund’s incapacity to pay millions of dollars in awarded benefits. One issue underlying...

Larson’s Spotlight on Recent Cases: Illegal Immigration Status Doesn’t Bar Benefits

Larson's Spotlight on Illegal Aliens, Rehabilitation Services, Lump Sum, and Heart Attack. 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. ...

Larson’s Spotlight on Recent Cases: Illegal Immigration Status Doesn’t Bar Benefits

Larson's Spotlight on Illegal Aliens, Rehabilitation Services, Lump Sum, and Heart Attack. 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. KS:...

Nebraska: Shoulder Injury Claim Fails Where Claimant’s Condition was the Natural Progression of Preexisting Torn Rotator Cuff

As is the case in a number of states, in Nebraska, if a workers' compensation case involves a preexisting condition, the claimant must prove that the claimed injury or disability was caused by the claimant's employment and that it was not merely the natural progression of a condition present...

Delaware: Police Officer’s Cardiac Symptoms Caused By Preexisting Condition—Not Burglary Investigation

The Supreme Court of Delaware recently affirmed a Superior Court order that in turn affirmed an Industrial Accident Board decision denying a police officer’s petition for compensation arising from an alleged work-related injury. The IAB and Superior Court found that the officer’s cardiac...

AR: Court Rejects Employer’s Contention That Preexisting Condition Or Hydrocodone Medication Was Cause of Employee’s Falls

Quoting the discussion in Larson’s Workers’ Compensation Law related to idiopathic falls, a divided Arkansas appellate court recently affirmed a finding by the state’s Workers’ Compensation Commission that awarded benefits to an employee who contended she sustained a serious knee...

South Carolina: High Court Says Employer/Insurer Should Receive Partial Reimbursement for Extra Medical Costs and Outlays Related to Pre-existing Diabetes Condition

As did a number of other states, South Carolina established a Second Injury Fund to encourage employers to hire disabled or handicapped persons. Generally, under the provisions of S.C. Code Ann. § 42-9-400, if an employer can show that the injured worker's disability, following the compensable...

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...

Connecticut: Apportionment Not Allowed For Employee’s Pre-existing Diabetic Neuropathy

The Supreme Court of Connecticut reiterated the general rule that an employer is ordinarily responsible for all the consequences of a compensable injury. Where an employee suffered from diabetic neuropathy that caused impairment to his arms and hands and subsequently suffered injuries to his upper arms...

New York: Apportionment Denied Where Worker’s Ability to Perform Duties Was Not Affected by Preexisting Condition

Reiterating that under N.Y. Work. Comp. Law § 15(7), apportionment for a pre-existing condition is allowed only where the preexisting condition was not the result of a compensable injury and the claimant was able to effectively perform his or her job duties at the time of the work-related accident...

Ohio: Court Reiterates “Eggshell-Claimant” Rule Regarding Preexisting Conditions

A 1986 amendment to the Ohio Workers’ Compensation Act’s definition of “injury” to exclude injury or disability “caused primarily by the natural deterioration of tissue, an organ, or part of the body ” [Ohio Rev. Code Ann. § 4123.01(C)(2), emphasis added], did...