Category: Case comment

Nov 20, 2024

NY Court Affirms Board’s Rejection of Medical Opinion Based on Flawed Work History

In a decision highlighting the importance of accurate work histories in medical causation opinions, a New York appellate court has upheld the Workers’ Compensation Board’s denial of death benefits in...

NY Court Affirms Board’s Rejection of Medical Opinion Based on Flawed Work History NY Court Affirms Board’s Rejection of Medical Opinion Based on Flawed Work History
Nov 19, 2024

NY Appellate Court Addresses Three Different Types of COVID-19 Claims on Same Day

Nearly four years after COVID-19 first disrupted workplaces across America, courts continue to refine their approach to pandemic-related workers’ compensation claims. Three recent decisions from New York’s Appellate Division, Third...

NY Appellate Court Addresses Three Different Types of COVID-19 Claims on Same Day NY Appellate Court Addresses Three Different Types of COVID-19 Claims on Same Day
Nov 18, 2024

NY: Workers’ Comp Settlement Not Protected from Son of Sam Law Seizure

A New York appellate court held that the Workers’ Compensation Law’s exemption of benefits from creditor claims does not shield settlement funds from the state’s Son of Sam Law [Matter...

NY: Workers’ Comp Settlement Not Protected from Son of Sam Law Seizure NY: Workers’ Comp Settlement Not Protected from Son of Sam Law Seizure
Nov 14, 2024

Florida: Late Change in Doctor’s Causation Opinion Required Hearing Continuance

Florida’s First DCA recently vacated a workers’ compensation order awarding benefits after finding that a Judge of Compensation Claims (JCC) abused his discretion by not granting a continuance that had...

Florida: Late Change in Doctor’s Causation Opinion Required Hearing Continuance Florida: Late Change in Doctor’s Causation Opinion Required Hearing Continuance
Nov 13, 2024

KY Court Reverses Board: Nurse Failed to Prove COVID-19 Was Work-Related

A Kentucky appellate court has reversed a Workers’ Compensation Board decision that would have allowed a hospital nurse’s COVID-19 claim to proceed under a relaxed causation standard. The Board had...

KY Court Reverses Board: Nurse Failed to Prove COVID-19 Was Work-Related KY Court Reverses Board: Nurse Failed to Prove COVID-19 Was Work-Related
Nov 10, 2024

NY Factory Worker’s COVID-19 Claim Fails: No Showing of Workplace Exposure

In another decision highlighting the difficulties faced by workers seeking COVID-19 compensation benefits in jurisdictions lacking a presumption of compensability, a New York appellate court has affirmed the state Board’s...

NY Factory Worker’s COVID-19 Claim Fails: No Showing of Workplace Exposure NY Factory Worker’s COVID-19 Claim Fails: No Showing of Workplace Exposure
Nov 7, 2024

NC Court’s Special Employment Analysis Raises Important Question

On Tuesday, in an unpublished decision, the North Carolina Court of Appeals reversed a trial court’s denial of summary judgment for a corporate defendant in a civil action filed against...

NC Court’s Special Employment Analysis Raises Important Question NC Court’s Special Employment Analysis Raises Important Question
Nov 5, 2024

Iowa: Death Benefits Awarded Where Evidence of Suicide Found Insufficient

The Iowa Court of Appeals recently affirmed a workers’ compensation commissioner’s decision awarding death benefits to a surviving spouse, finding substantial evidence supported the commissioner’s determination that the worker’s fatal...

Iowa: Death Benefits Awarded Where Evidence of Suicide Found Insufficient Iowa: Death Benefits Awarded Where Evidence of Suicide Found Insufficient
Oct 28, 2024

IL Appellate Court Awards TPD Benefits Under Odd-Lot Doctrine

Last week, in an unpublished decision, an Illinois appellate court reversed a Workers’ Compensation Commission’s denial of permanent total disability benefits, holding that a 77-year-old bus driver qualified for benefits...

IL Appellate Court Awards TPD Benefits Under Odd-Lot Doctrine IL Appellate Court Awards TPD Benefits Under Odd-Lot Doctrine
Oct 25, 2024

KY High Court: Injuries Sustained in Las Vegas Slip and Fall While Shopping are Compensable

Yesterday, relying heavily upon the discussion of the “traveling employee exception” to the going and coming rule found in Larson’s Workers’ Compensation Law, the Kentucky Supreme Court affirmed decisions of...

KY High Court: Injuries Sustained in Las Vegas Slip and Fall While Shopping are Compensable KY High Court: Injuries Sustained in Las Vegas Slip and Fall While Shopping are Compensable
Oct 21, 2024

Kansas Court Affirms Out-of-State Injury Compensable Under Kansas Comp Act

Last Friday, the Kansas Court of Appeals affirmed a decision of the state’s Workers Compensation Board awarding additional benefits under the Kansas Workers’ Compensation Act to a nurse who moved...

Kansas Court Affirms Out-of-State Injury Compensable Under Kansas Comp Act Kansas Court Affirms Out-of-State Injury Compensable Under Kansas Comp Act
Oct 21, 2024

PA Court Says IRE Physicians Should Consider Conditions Beyond Accepted Injury Description

Last Thursday, the Commonwealth Court affirmed a Workers’ Compensation Appeal Board’s ruling that rejected a physician's impairment rating evaluation (IRE) because the physician had failed to consider conditions beyond the...

PA Court Says IRE Physicians Should Consider Conditions Beyond Accepted Injury Description PA Court Says IRE Physicians Should Consider Conditions Beyond Accepted Injury Description