LexisNexis® Legal Newsroom
Workers' Comp Fraud Blotter (9/29/2011) – Slippery Slope: Injured Worker Received Benefits While Working Secretly As a Ski Instructor

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...

Workers' Comp Fraud Blotter (9/29/2011) – Slippery Slope: Injured Worker Received Benefits While Working Secretly As a Ski Instructor

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...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (8/20/2012)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: California Ruling May Boost NFL’s Shot at Concussion Coverage . AIA Comments on Medicare Secondary...

Dan in Real Life…….and the Denial of a Stress Claim in Delaware

Today I violate my usual rule of "do not blog about thyself." For months I have been telling my opponent Mike Bednash that, for better or worse, this case was headed for the blog. And it's a stress claim-so who doesn't want to read about one of those? Here is the gist: Claimant...

Larson’s Spotlight on Recent Cases: Employee Sustained Psychic Injury When Told She Owed Tax on $100,000 of Travel Reimbursements

Larson's Spotlight on Psychic Injury, AMA Guides, Traveling Employee, and Subrogation. 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. LexisNexis...

Stressed Out? Different Workplace-Related Anxieties May Predominate in Different Workplace Settings

New study is first of its kind By Teresa McLoughlin Rice, Esq. Open a newspaper, turn on the news, and there is seemingly yet another report that workers are feeling increasingly stressed. The reasons for this apparent increase are multi-faceted and the subject of much discussion and analysis....

Missouri: No Psych Claim For Worker Investigated For Threats Of Mayhem

An employer investigated a hospital technician for alleged threats that she would like to bring a gun and shoot everyone at work and was mad enough at times to do it herself. Davis v Mo Baptist Medical Center, 2014 Mo WCLR Lexis 42 (March 28, 2014) (lexis.com), 2014 Mo WCLR Lexis 42 (March 28, 2014)...

Obesity in the Workforce – An Expanding Problem

American waistlines are expanding, with the adult obesity rate estimated by some to be as high as 40%. The obesity rate in the workforce has historically been lower than that of the general population, but this too is on the increase. Obese workers reportedly have more occupational limitations, more...

Fighting Fire with Fire – The Impact of Obesity on Firefighter Health

A sure sign of the concern mounting over the rate of obesity in the U.S. is the number of studies that are coming out analyzing the issue from a myriad of different angles. One of the most recent, Adiposity Predicts Self-Reported Frequency of Poor Health Days Among Male Firefighters , looks at the issue...

Pennsylvania: Claimant Fails to Show Psychic Injury Resulted From Abnormal Conditions

In Pennsylvania, a claimant seeking benefits for a psychic injury must meet a higher standard for causation by proving that (a) he or she suffered a psychic injury; and (b) his or her psychic injury was more than a subjective reaction to normal working conditions. With that rule in mind, a divided state...

Maine: Widow Awarded Death Benefits for Husband’s Death on Home Treadmill

Maine’s Supreme Judicial Court has affirmed an award of workers’ compensation death benefits to the widow of a national charity’s financial advisor who died of a heart attack while exercising on a treadmill at his home. Utilizing the presumption found in 39-A M.R.S. § 327, which...

Missouri: No Comp Benefits For a Prosecutor's Ordinary Stress

A state prosecutor worked for nine years at Jackson County and claims working too hard made him depressed, impaired his ability to concentrate and rendered him unemployable. Kersten v Jackson County , 2015 Mo WCLR Lexis 19 (lexis.com), 2015 Mo WCLR Lexis 19 (Lexis Advance) (March 5, 2015). Jackson County...

Missouri Lowers Burden for Mental Stress Claims

What does a claimant have to prove for work-related stress when their job is inherently stressful? Mantia v MoDot, 2015 MoWCLR Lexis 39 (lexis.com), 2015 MoWCLR Lexis 39 (Lexis Advance) ( April 28, 2015) charts a much lower bar for claimants to receive compensation, and it reverses a denial of benefits...

Pennsylvania: Stressed-Out Teacher Forfeited Right to Additional Disability Benefits When She Turned Down Job at Stress-Free School

Section 306(b)(3) of the Pennsylvania Workers’ Compensation Act generally requires an employer to provide a specific written notice to a claimant if it seeks to modify existing workers’ compensation benefits based, inter alia, on medical evidence establishing that the injured employee is...

Mississippi: Managing Partner’s Failure to Secure Coverage Could Not Be Construed as Election to Be Exempt From Comp Act

Following the pattern of a number of states, Mississippi allows sole proprietors, partners in a partnership, or owners of 15 percent or more of a corporation to elect to be exempt from the state’s Workers’ Compensation Act if the partner, owner, or proprietor delivers a written notice to...

New York: Pressure to File False Reports Constitutes Unusual Level of Stress and Supports Award for Mental Injury

As is the case with a number of other states, New York allows recovery for work-related stress if the claimant can show that the stress that caused the injury was greater than that which other similarly situated workers experienced in the normal work environment. A New York appellate court, reversing...

California: Physical Injury That Is a Result of Work Related Stress

The ongoing confusion under McCoy of whether causation thresholds and affirmative defenses provided for in Labor Code § 3208.3 (lawful, good-faith, nondiscriminatory personnel action) apply to a physical injury that is the manifestation of work related stress In Stolp v. California Department...

Tennessee: With PTSD Claim, Objective, Not Subjective, Test to Be Used In Determining If Stress Was Unusual

In a decision not yet designated for publication, Tennessee’s Special Workers’ Compensation Appeals Panel affirmed a trial court’s denial of an employee’s claim for psychological injuries, depression and PTSD on the grounds that the stress the employee claimed caused his depression...

New York: Court Affirms Board’s Finding that Claimant’s Stress Was Greater than That of Other Workers

A New York court affirmed an award to a charity’s caseworker that contended she sustained a mental injury based upon stress on her job. The court acknowledged that N.Y. Work. Comp. Law § 2(7) precluded claims for mental injuries based upon work-related stress resulting from a lawful personnel...

North Carolina: Auto Parts Employee Awarded Extensive TTD Benefits for PTSD Following Robbery

A North Carolina appellate court affirmed an award of continuing TTD benefits to a salesperson and driver for an auto parts store who complained of chest pains and a throbbing headache following an armed robbery at the employer’s store, but was nevertheless required to work the remainder of his...

New York: Airport Worker’s Work In Freezing Weather Causally Connected to Heart Attack

Substantial evidence supported a finding by the Board that an employee’s fatal heart attack was causally related to his employment where the decedent and others were called upon to deal with a frozen valve, the decedent was required to travel outside at night across snow-covered ground in freezing...

Alaska: Medical Evidence Supports Board’s Finding That Workplace Accident Was Not Substantial Cause of Employee’s Disability

Noting the considerable deference allowed to the state’s Workers’ Compensation Board when it comes to reconciling any differences in medical evidence, the Supreme Court of Alaska affirmed a decision that denied a former employee’s claim for additional benefits where substantial evidence...

Will Increasing Wages Improve Worker Health?

Researchers Argue for Treating Low Wages as an Occupational Health Hazard When thinking of the most common occupational hazards, risks associated with things such as moving machinery, toxic chemicals, and repetitive or strenuous movements generally come to mind. However, there is a growing body...

New York: Cautious Medical Testimony Dooms Claim for Stroke Allegedly Caused by Work-Related Stress

Reiterating the rule that the state’s Workers’ Compensation Board could not rely upon expert medical opinion that amounted to mere speculation, a state appellate court affirmed the Board’s determination that a claimant did not sustain a causally related disability resulting from his...

Mental Health in the Workplace

A recent webinar discussed mental health and well-being in the workplace and looked at some of the impacts on workers’ compensation Concerns with workplace safety and worker health are obviously not new among workers’ compensation system participants, but traditionally most of that concern...