LexisNexis® Legal Newsroom
MO Supreme Court Announces New Standards For Fund Cases

The Missouri Supreme Court has now spoken on what prior injuries "count" for purposes of accessing second injury fund benefits in Missouri worker's compensation cases in 4 new cases appealed last year by the Fund: Witte, Salviccio, Dyson and Buhlinger, in an en banc decision issued on November...

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: 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...