The Delaware Supreme Court affirmed a decision of the Superior Court that in turn had affirmed a decision by the state’s Industrial Accident Board (“IAB”) granting an employer’s petition for...
Delaware Employer Need Not Pay for Claimant’s Opioids More than 9 Years After Accident Delaware Employer Need Not Pay for Claimant’s Opioids More than 9 Years After AccidentA New York appellate court affirmed a determination by the state’s Workers’ Compensation Board that had rescinded that part of a WCLJ’s decision finding that the claimant violated N.Y. Workers’...
NY Court: Not Every Omission of Prior Injury Constitutes Misrepresentation under § 114-a NY Court: Not Every Omission of Prior Injury Constitutes Misrepresentation under § 114-aFinding that a furnace worker had failed to establish the necessary third prong in the definition of occupational diseases—that his employment created a risk of contracting the disease (here, COVID-19)...
Ohio Court Affirms Finding that Furnace Worker’s COVID-19 Was Not Compensable Ohio Court Affirms Finding that Furnace Worker’s COVID-19 Was Not CompensableIn a decision that may have attorneys in other states scurrying back to their respective statutes to check their states’ definitions of “physician,” the Supreme Court of Kentucky held that...
KY Supreme Court: Noted Medical Authority’s AMA Guides Report Inadmissible KY Supreme Court: Noted Medical Authority’s AMA Guides Report InadmissibleQuoting Larson’s Workers’ Compensation Law, an Ohio appellate court affirmed a decision by the state’s Industrial Commission that had refused to consider various fringe benefits in the form of health...
Ohio Court Says Healthcare Benefits and Pension Contributions Not to be Used in Computing AWW Ohio Court Says Healthcare Benefits and Pension Contributions Not to be Used in Computing AWWA New York appellate court held that where a physician testified that a claimant developed neck and shoulder pain “due to repetitive stress and forceful use of the upper extremities...
Indefinite Medical Testimony Sinks NY Claimant’s Occupational Disease Claim Indefinite Medical Testimony Sinks NY Claimant’s Occupational Disease Claim