LexisNexis® Legal Newsroom
MO: Supervisor’s Step Off Sidewalk Did Not Step Her Outside Comp Statute

The State of Missouri refused to provide benefits to a supervisor of a state- run home for abused children, claiming her shoulder injury from a fall on an uneven surface was not a compensable accident when she was walking at work and she did not stay on the pathway but stepped on the grass instead and...

Missouri: Arthritic Findings Defeat Causation on Shoulder Case

A claimant must demonstrate not only that he had an "accident" but also an "injury." An injury is not compensable unless the accident was the prevailing factor in both the medical condition and disability. Claimant had an "accident" at work in 2010 when his right shoulder...

CWCI Scorecard Examines California Workers’ Comp Sprain Injury Claims

A new California Workers’ Compensation Institute (CWCI) “Injury Scorecard” offers detailed data on work injury claims involving shoulder, arm, knee, and lower leg sprains. The Institute compiled data for the Score Card from 236,567 open and closed California workers’ compensation...

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...

Missouri: Toilet Dispenser Attacks Worker

If a Missouri worker gets injured using a public toilet, does she get comp benefits? The answer is: at least some of the time, according to the latest report from the Commission in a case affirming benefits in a temporary award. Eberhard v G4S/Walkenhut , 2015 Mo WCLR Lexis 1 (lexis.com), 2015 Mo WCLR...

Understanding Geographic Variation in the Use of Treatment Guidelines for Occupational Injuries

Greater medical consensus could reduce geographic variability A recent study published by the Journal of Occupational and Environmental Medicine suggests that there is geographic variation in the use of medical treatment guidelines that reaches beyond differences in population characteristics,...