Where a California worker developed a number of conditions during her 26-year career with her employer, including carpal tunnel syndrome (CTS), which medical experts attributed 90 percent to industrial factors...
California: Apportionment Inappropriate Where PTD Results From Medical Treatment, Not the Underlying Condition California: Apportionment Inappropriate Where PTD Results From Medical Treatment, Not the Underlying ConditionObserving that California’s “required vehicle” exception to the going and coming rule arises where the employee’s use of his or her own vehicle gives some incidental benefit to the employer,...
California In-Home Caretaker Awarded Benefits for Injuries Sustained in Bicycle Accident California In-Home Caretaker Awarded Benefits for Injuries Sustained in Bicycle AccidentWhere an independent medical evaluator concluded that the active range of motion (ROM) measurements she obtained from an injured worker were implausible, indicative of poor effort, and insufficient to verify...
Kentucky IME May Use Clinical Skill and Judgment in Construing AMA Guides Kentucky IME May Use Clinical Skill and Judgment in Construing AMA GuidesIn Matter of Castillo v Brown, 2017 N.Y. App. Div. LEXIS 4839 (June 15, 2017), a New York appellate court affirmed the imposition of an $86,000 penalty against a husband and...
Ouch!: Live-in New York Domestic Worker’s Cut Finger Results in $86,000 Penalty To Employing Husband and Wife Ouch!: Live-in New York Domestic Worker’s Cut Finger Results in $86,000 Penalty To Employing Husband and WifeA church volunteer, who contended that she suffered injuries when she tripped and fell over an exposed power cord near or on the altar as she went to help distribute...
New York Church Volunteer’s Personal Injury Action Barred by Exclusive Remedy Rule New York Church Volunteer’s Personal Injury Action Barred by Exclusive Remedy RuleA provision in the West Virginia Workers’ Compensation Act [W. Va. Code § 23–4–1e(b)] that prohibits an inmate housed at a state work release center from receiving workers’ compensation benefits...
West Virginia Statute Barring Comp Benefits for Many—But Not All—Work Release Inmates is Constitutional West Virginia Statute Barring Comp Benefits for Many—But Not All—Work Release Inmates is ConstitutionalWhere a workers’ compensation benefits claimant initially returned to work in a modified-duty position at no loss of wages and subsequently accepted a permanent light-duty position that the employer had...
PA Employer Establishes Worker’s Loss of Earnings Claim by Creating Special Job That Paid Less PA Employer Establishes Worker’s Loss of Earnings Claim by Creating Special Job That Paid LessHas the State Established New Weight-Loss Program for Workers? Emphasizing that within the Colorado workers’ compensation scheme, the employer does not necessarily take the employee as it finds him (or...
Colorado Court Apportions Two-Thirds of Occupational Disease Claim to Overweight Mechanic Colorado Court Apportions Two-Thirds of Occupational Disease Claim to Overweight MechanicIn a split decision, a Mississippi appellate court reversed an order of the state’s Workers’ Compensation Commission that had granted an employer’s motion to reopen and vacate a prior order...
Death of Mississippi Worker Does Not Negate Settlement Agreement Death of Mississippi Worker Does Not Negate Settlement AgreementAward for Loss of Four Fingers and Thumb Exceeds That of Entire Hand In a divided decision, a New York appellate court affirmed an amended decision of the state’s Workers’...
The Whole is Greater than the Sum of its Parts: Not in New York Amputation Case The Whole is Greater than the Sum of its Parts: Not in New York Amputation CaseWhere the State of Arizona, through its Department of Corrections, had an ongoing duty to insure that inmates received adequate health services and it contracted with an employment services provider...
Arizona Social Worker Employed At Prison May Not Sue State for Slip and Fall Injuries Arizona Social Worker Employed At Prison May Not Sue State for Slip and Fall InjuriesWhere the opinion offered by an employee’s medical expert merely disagreed with the medical impairment registry (MIR) physician’s findings, yet did not show how that the MIR physician had used...
Disagreement Does Not Equal Clear and Convincing Evidence That Tennessee MIR Physician’s Opinion was Wrong Disagreement Does Not Equal Clear and Convincing Evidence That Tennessee MIR Physician’s Opinion was Wrong