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Five Recent Cases You Should Know About (4/29/2011)

Larson's Spotlight on Unexplained Fall, AMA Guides, Self-Insurers, Chiropractic Treatment, and Credit . 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...

Five Recent Workers’ Comp Cases You Should Know About (11/25/2011) – Climbing Over Guardrail and Jumping or Falling 60 Feet Was Not Within Course of Employment

Larson's Spotlight on Statute of Limitations, Structured Settlements, Special Errand, Unexplained Fall, and LHWCA Maximum Weekly Rate. 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...

Bad News for Nevada Injured Workers Who Fall at Work?

According to the U.S. Bureau of Labor Statistics, in 2010, about a fifth of all workplace fatalities in Nevada were caused by a worker falling. Almost every serious fall injury I've handled in the Nevada work comp arena in the past fifteen years was caused either by the employer's obvious failure...

Larson’s Spotlight on Recent Cases: Truck Driver Deviated From Employment by Leaving Vehicle to Obtain Object for Purposes of Assaulting Driving Partner

Larson's Spotlight on Deviation From Employment, Unexplained Fall, Physician's Opinion and Videotape Evidence, and Sanctions for Costs. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...

Larson’s Spotlight on Recent Cases: Court Bars Medical Expert Testimony on Sick Building Syndrome

Larson's Spotlight on Sick Building Syndrome, Wrongful Death and Exclusive Remedy, Retaliatory Discharge, and Unexplained Fall. 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...

Missouri: No Benefits for Unexplained Fall

An 85-year old employee fell after washing her hands in the employer's bathroom and broke her hip. The Commission denied benefits that claimant established her injury flowed from an identifiable work hazard. Porter v RPCS Inc ., 2012 Mo WCLR Lexis 206 (December 7, 2012). Claimant must establish...

Virginia: Employee Sustaining Unexplained Fall Enjoys No Presumption of Compensability

A Virginia appellate court affirmed a decision by the state’s Workers’ Compensation Commission that denied benefits to an employee who sustained injuries when he fell from the bed of a pickup truck while delivering airplane parts for his employer. The employee, who apparently landed on his...

Virginia: Police Body Camera Dooms Officer’s Slip and Fall Claim

A Virginia police officer was appropriately denied workers’ compensation benefits for an injury he sustained when he slipped on a stairway while investigating a potential burglary at a private residence. The appeals court, following Virginia’s “actual risk” rule, indicated that...

Oregon: Court Clarifies Standards in Idiopathic Fall Cases

While a claimant certainly has the burden of proving compensability by a preponderance of the evidence, an injury that is unexplained and occurs in the course of employment is presumed, as a matter of law, to arise out of the employment. Accordingly, it was error for the Board to require that claim eliminate...

Ohio: Claimant Required to Show Fall Was Not Due to Idiopathic Condition

Where an employee sustained a broken hip in a fall at work, with no clear reason for the fall, but where the employee’s medical record indicated that she suffered from various medical conditions, including diabetes mellitus type II, thyroid disease, and neuropathy in her leg, it was incumbent upon...

Arkansas: No Compensation Where Fall is Due to Idiopathic Cause

The Supreme Court of Arkansas affirmed a finding by the state’s Commission that a grocery store worker had not shown that her brain injury arose out of and in the course of her employment where the worker claimed she sustained an unexplained, compensable fall and the Commission found instead that...

North Carolina: Injuries Sustained After Choking on E-Cigarette Not Compensable

Stressing the crucial difference between an “unexplained” fall and an “idiopathic” fall, a North Carolina appellate court affirmed the denial of benefits to a municipal worker who suffered injuries when he fainted and collapsed after getting choked on an e-cigarette. Noting that...