Month: July 2019

Jul 31, 2019

Vague, Nonspecific Statements About Knee Pain Did Not Constitute Required Notice to New York Employer

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found a claimant had failed to provide the required written notice of injury to his...

Vague, Nonspecific Statements About Knee Pain Did Not Constitute Required Notice to New York Employer Vague, Nonspecific Statements About Knee Pain Did Not Constitute Required Notice to New York Employer
Jul 30, 2019

NY Hair Salon Owner Fails to Show Causal Connection Between Rude Customers and Her Heart Attack

A New York appellate court, weighing conflicting medical evidence as to the causal connection, if any, between a business woman’s heart attack was causally connected to her employment, recently affirmed...

NY Hair Salon Owner Fails to Show Causal Connection Between Rude Customers and Her Heart Attack NY Hair Salon Owner Fails to Show Causal Connection Between Rude Customers and Her Heart Attack
Jul 29, 2019

Iowa Worker Fails to Tie Legionnaires’ Disease to Workplace

Where an Iowa claimant’s expert medical witnesses appeared to be unaware of the procedures followed by the employer to prevent contamination of its water supply, the commissioner could reasonably conclude...

Iowa Worker Fails to Tie Legionnaires’ Disease to Workplace Iowa Worker Fails to Tie Legionnaires’ Disease to Workplace
Jul 26, 2019

Iowa In-Home Nurse’s Injuries in Head-On Collision Compensable in Spite of Slight Deviation From Routine

Sufficient evidence existed in the record to support the commissioner’s (and the district court’s) determination that a nurse, who worked for the employer providing in-home nursing services to patients, sustained...

Iowa In-Home Nurse’s Injuries in Head-On Collision Compensable in Spite of Slight Deviation From Routine Iowa In-Home Nurse’s Injuries in Head-On Collision Compensable in Spite of Slight Deviation From Routine
Jul 25, 2019

New Jersey Court Says Fifth “Larson” Factor (Residential Status) Not Sufficient to Establish Jurisdiction

Quoting and adopting the discussion found in Larson’s Workers’ Compensation Law, § 142.01, et seq., a New Jersey appellate court held that the fifth “Larson factor”—residency—is insufficient, in and of...

New Jersey Court Says Fifth “Larson” Factor (Residential Status) Not Sufficient to Establish Jurisdiction New Jersey Court Says Fifth “Larson” Factor (Residential Status) Not Sufficient to Establish Jurisdiction
Jul 24, 2019

Notation in Montana Security Guard’s Daily Log Re: Altercation With Unruly Patient Was Insufficient to Constitute Notice of Claim

A notation in a Montana security guard’s daily log that he had been involved in an altercation with an unruly patient at the clinic to which he was assigned and...

Notation in Montana Security Guard’s Daily Log Re: Altercation With Unruly Patient Was Insufficient to Constitute Notice of Claim Notation in Montana Security Guard’s Daily Log Re: Altercation With Unruly Patient Was Insufficient to Constitute Notice of Claim
Jul 23, 2019

NY Makeup Artist Fails to Establish Bartonella bacteria Claim From Her Exposure to Rats

A New York appellate court affirmed a finding that claimant, a makeup artist, had failed to establish her claim related to an airborne illness (Bartonella bacteria) that she claimed she...

NY Makeup Artist Fails to Establish Bartonella bacteria Claim From Her Exposure to Rats NY Makeup Artist Fails to Establish Bartonella bacteria Claim From Her Exposure to Rats
Jul 19, 2019

Commentary: The Challenges in Dealing With Cautious Medical Testimony

Five Out of Seven Ohio Supreme Court Justices Say Medical Opinion Was Ambiguous In a 5-2 decision, the Supreme Court of Ohio affirmed a finding by the Tenth District Court...

Commentary: The Challenges in Dealing With Cautious Medical Testimony Commentary: The Challenges in Dealing With Cautious Medical Testimony
Jul 18, 2019

Minnesota High Court Explains PTSD Evidentiary Requirements

Minn. Stat. § 176.011, subd. 15(d) (2018), which requires the employee to prove that the employee has been diagnosed with post-traumatic stress disorder (PTSD) by a licensed psychologist or psychiatrist...

Minnesota High Court Explains PTSD Evidentiary Requirements Minnesota High Court Explains PTSD Evidentiary Requirements
Jul 17, 2019

Kansas Hospital Worker Recovers for Two Unexplained Falls

Guided by the recent decision of the Supreme Court of Kansas in Estate of Graber v. Dillon Cos., 2019 Kan. LEXIS 67 (Apr. 12, 2019)[extended discussion of Graber can be...

Kansas Hospital Worker Recovers for Two Unexplained Falls Kansas Hospital Worker Recovers for Two Unexplained Falls
Jul 16, 2019

Texas Employer Not Liable for Gross Negligence After Heat-Related Death

A Texas appellate court recently affirmed a trial court’s summary judgment in favor of an employer in a gross negligence action filed against it by the family of a worker...

Texas Employer Not Liable for Gross Negligence After Heat-Related Death Texas Employer Not Liable for Gross Negligence After Heat-Related Death
Jul 15, 2019

Former NJ Employee’s Tort Suit Alleging Pharma Employer Forced Him to Use Non-FDA Approved Nasal Spray is Barred by Exclusivity Rule

A former pharmaceutical employee, who contended his employer and its CEO forced him to use a proposed (and non-FDA approved) nasal spray medication that the employer was trying to develop...

Former NJ Employee’s Tort Suit Alleging Pharma Employer Forced Him to Use Non-FDA Approved Nasal Spray is Barred by Exclusivity Rule Former NJ Employee’s Tort Suit Alleging Pharma Employer Forced Him to Use Non-FDA Approved Nasal Spray is Barred by Exclusivity Rule