A Georgia appellate court found that a state superior court erred when it reversed the State Board of Workers’ Compensation’s determination that an injured worker had recovered from a work-related...
GA Worker’s Subsequent Fall at Home Was an Intervening Cause of Current Condition GA Worker’s Subsequent Fall at Home Was an Intervening Cause of Current ConditionThe Superior Court of Delaware (New Castle) held that the issue of whether an employee’s fatal COVID-19 infection was an injury or occupational disease must be determined by the state’s...
Delaware Board Must Decide if COVID-Related Claim is Compensable Delaware Board Must Decide if COVID-Related Claim is CompensableIn a case with a rather bizarre fact pattern, an Oregon appellate court affirmed a decision by the state’s Workers’ Compensation Board that awarded benefits to a painter who sustained...
Oregon Employee Recovers Benefits Following Explosion of Energy Drink Oregon Employee Recovers Benefits Following Explosion of Energy DrinkAcknowledging the relative informality within the South Dakota workers’ compensation laws as well as the public policy that the state’s Workers’ Compensation Act and its rules should be construed liberally...
SD Worker’s Letter Asking for “Review of Benefits” Was Inadequate to Toll Limitations Statute SD Worker’s Letter Asking for “Review of Benefits” Was Inadequate to Toll Limitations StatuteIn a carefully crafted decision dealing with a chronic problem both within and without the workers’ compensation world—long-term opioid use—the Supreme Court of Minnesota held an injured workers treatment with...
MN High Court Says Injured Worker Failed to Establish Exception Allowing Long-Term Opioid Use MN High Court Says Injured Worker Failed to Establish Exception Allowing Long-Term Opioid UseConstruing 19 Del. C. § 2353(b), which bars an employee’s right to compensation for an injury if the injury results, inter alia, from “the employee’s deliberate and reckless indifference to...
Delaware Worker’s Running in Workplace Bars Claim for Injuries Delaware Worker’s Running in Workplace Bars Claim for InjuriesFinding that a physician-patient relationship did not exist between a doctor hired by the workers’ compensation carrier to perform an independent medical examination of the claimant, the Supreme Court of...
Utah IME Physician May Not Be Sued by Workers’ Comp Claimant Utah IME Physician May Not Be Sued by Workers’ Comp ClaimantIn a decision not designated for publication, a Virginia appellate court affirmed a finding of the state’s Workers’ Compensation Commission that an injured employee’s work-related accident had caused only a...
Half of Virginia Claimant’s PPD Apportioned to Pre-Existing Condition Half of Virginia Claimant’s PPD Apportioned to Pre-Existing Condition