An Ohio appellate court recently found that medical evidence presented in a death claim case was too speculative to support the required causal connection between a worker’s fatal heart attack...
Ohio: Cautious Medical Testimony Dooms Death Benefits Claim Related to “Poster Child for Heart Disease” Ohio: Cautious Medical Testimony Dooms Death Benefits Claim Related to “Poster Child for Heart Disease”Virtually every jurisdiction’s comp act has a “by accident” provision of some sort in its definition of compensable injury [for an extended discussion, see Larson’s Workers’ Compensation Law, § 42.01,...
“By Accident,” the Oft-Ignored Provision in Workers’ Compensation Law “By Accident,” the Oft-Ignored Provision in Workers’ Compensation LawA Pennsylvania nurse assistant, who claimed she suffered emotional distress when she was fired for getting pregnant, may not pursue her tort claim against the former employer in federal court,...
Nurse Assistant’s Allegations That She Was Fired For Getting Pregnant Cannot Support Emotional Distress Claim Against Former Employer Nurse Assistant’s Allegations That She Was Fired For Getting Pregnant Cannot Support Emotional Distress Claim Against Former EmployerLast Thursday, a New York appellate court recently affirmed a decision by the state’s Workers’ Compensation Board that had determined that a worker’s death was causally related to his employment...
New York: Apportionment Not Available Between Work-Related Asbestosis and Non-Work-Related Thyroid Cancer in Death Benefits Case New York: Apportionment Not Available Between Work-Related Asbestosis and Non-Work-Related Thyroid Cancer in Death Benefits CaseRecognizing that no matter how competent and reasonable a commission or board’s determination of a claimant’s medical condition and level of disability might be at the time of a hearing,...
Virginia Court: Removal of Ankle Prosthesis, Without its Replacement, Does Not Trigger Reopening Statute Virginia Court: Removal of Ankle Prosthesis, Without its Replacement, Does Not Trigger Reopening StatuteLast Wednesday, a Georgia appellate court, holding the State Board of Workers’ Compensation had utilized an “erroneous theory” regarding what conduct constitutes a deviation from employment that will bar compensation...
Georgia Appellate Court: Effort to Stop Runaway Car is Not a Deviation From the Employment Georgia Appellate Court: Effort to Stop Runaway Car is Not a Deviation From the EmploymentIn a split decision, the Arkansas Court of Appeals yesterday affirmed a finding by the state’s Workers’ Compensation Commission that an injured worker failed to rebut the statutory presumption that...
Arkansas Court Affirms Denial of Benefits; Explosion Caused By Worker’s Marijuana Use Arkansas Court Affirms Denial of Benefits; Explosion Caused By Worker’s Marijuana UseA New York appellate court, in Nichols v. Hale Creek ASACTC, 2012 N.Y. App. LEXIS 79 (Jan. 5, 2012) has affirmed an award of workers’ compensation benefits to a superintendent...
New York Correctional Facility Superintendent’s Achilles Tendon Injury While Coaching Volleyball Team is Compensable In Spite of Statute Limiting Definition of “Injury” New York Correctional Facility Superintendent’s Achilles Tendon Injury While Coaching Volleyball Team is Compensable In Spite of Statute Limiting Definition of “Injury”A New York decision reported yesterday, Satalino v. Dan’s Supreme Supermarket, 2012 NY Slip Op 86, 2012 N.Y. App. Div. LEXIS 63 (Jan. 5, 2012), illustrates the important distinction between...
New York Case Illustrates That Correlation Between Years of Heavy Work and Back Problems Is Insufficient to Support Compensability New York Case Illustrates That Correlation Between Years of Heavy Work and Back Problems Is Insufficient to Support CompensabilityA divided Ohio appellate court recently affirmed a trial court’s final judgment that denied a dump truck driver’s claim for post traumatic stress disorder (“PTSD”) in spite of strong medical...
Ohio Court Nixes Post Traumatic Stress Disorder Claim in Spite of Close Ties With Truck Driver’s Compensable Physical Injuries Ohio Court Nixes Post Traumatic Stress Disorder Claim in Spite of Close Ties With Truck Driver’s Compensable Physical InjuriesIn a split decision, the Court of Appeals of North Carolina, in Trivette v. Yount, 2011 N.C. App. LEXIS 2598 (Dec. 20, 2011), has affirmed an order of a state...
North Carolina Teacher’s Tort Action Against Principal Who Prankishly Sprayed Her in Face With Fire Extinguisher May Move Forward North Carolina Teacher’s Tort Action Against Principal Who Prankishly Sprayed Her in Face With Fire Extinguisher May Move ForwardA North Carolina appellate court, in Quiroz v. Metropols Statuary, Inc., 2011 N.C. App. LEXIS 2619 (Dec. 20, 2011), recently affirmed a decision by the state’s Industrial Commission that had...
North Carolina Worker Injured While Retrieving Paycheck Denied Benefits Under “Going and Coming” Rule North Carolina Worker Injured While Retrieving Paycheck Denied Benefits Under “Going and Coming” Rule