A New York appellate court has affirmed a decision of the state’s Workers’ Compensation Board that awarded workers compensation benefits for a stress-related injury sustained by a cardiothoracic physician’s assistant...
New York Court Affirms PTSD Award to Physician’s Assistant Threatened by Surgeon During Surgical Procedure New York Court Affirms PTSD Award to Physician’s Assistant Threatened by Surgeon During Surgical ProcedureAcknowledging that two employees who had been embroiled in a shouting match during the work day had been treated different by the employer–the employee who apparently started the argument received...
Ohio: Trouble-Maker Fails to Prove Discharge Was Because of Workers’ Compensation Claims Ohio: Trouble-Maker Fails to Prove Discharge Was Because of Workers’ Compensation ClaimsIn a case of first impression, an Illinois appellate court, reversing a decision by a state trial court, has ruled that neither the exclusive remedy provisions of the Illinois Workers’...
Illinois: Tort Action Against Employer Not Barred Where Workers’ Comp Claim Was Time-Barred Before Employee Ever Learned of It Illinois: Tort Action Against Employer Not Barred Where Workers’ Comp Claim Was Time-Barred Before Employee Ever Learned of ItWhat if an injured worker was legally prevented from discussing his or her medical condition directly with the worker’s doctor, if the worker was required instead to listen to the...
Florida Court Says PTSD Patient’s Ability to Communicate Directly With Psychologist is Not “Medical Necessity” Florida Court Says PTSD Patient’s Ability to Communicate Directly With Psychologist is Not “Medical Necessity”A National Football League “free agent,” who had been released from his contract by the Philadelphia Eagles and who agreed, along with 15 other free agents, to attend a three-day...
NFL Free Agent Injured in Minicamp Tryout Has No Comp Claim NFL Free Agent Injured in Minicamp Tryout Has No Comp ClaimAn attorney and shareholder of a law firm was appropriately denied workers’ compensation benefits in connection with a motorcycle accident that rendered him a quadriplegic, since his “rainmaking” activities was...
Wisconsin Lawyer’s Poker Playing and “Rainmaking” Insufficiently Connected to Employment to Support Serious Injury Claim from Motorcyle Accident Wisconsin Lawyer’s Poker Playing and “Rainmaking” Insufficiently Connected to Employment to Support Serious Injury Claim from Motorcyle AccidentWyo. Stat. Ann. § 27–14–404 limits awards of TTD benefits to twenty-four months, but gives the Wyoming Worker’s Safety and Compensation Division (the Division) discretionary authority to extend the time...
Wyoming Court Says Division’s Rule Setting Arbitrary Limitation on TTD Benefits Is Invalid Wyoming Court Says Division’s Rule Setting Arbitrary Limitation on TTD Benefits Is InvalidVirginia, like a number of other states [see the discussion in Larson’s Workers’ Compensation Law, § 52.07], has a special presumption favoring firefighters (and police officers) as to death or...
Virginia Court: “Firefighter’s Presumption” Requires Showing of Entitlement to Some Form of Economic Indemnity Virginia Court: “Firefighter’s Presumption” Requires Showing of Entitlement to Some Form of Economic IndemnityIn what appears to be a case of first impression for any state appellate court, a New Mexico appellate court, in Vialpando v. Ben’s Automotive Servs., 2014 N.M. App. LEXIS...
New Mexico Court Orders Employer to Reimburse Worker For Medical Marijuana New Mexico Court Orders Employer to Reimburse Worker For Medical MarijuanaDue to the difficulties in attributing the cause of a heart attack to the claimant’s work, a number of states, including Nebraska, require the employee or the employee’s dependents to...
Nebraska Extends Heightened “Heart Attack” Causation Standard to Blood Clot and Embolism Nebraska Extends Heightened “Heart Attack” Causation Standard to Blood Clot and EmbolismNoting that with its 2013 amendment to § 90.702, Fla. Stat., the Florida legislature had clearly jettisoned both “the Frye test” and the “pure opinion” rule [Flannagan v. State, 625...
After Florida’s Adoption of Daubert Rule, Physician’s Opinion as to Cause of Employee’s Placental Abruption Was Inadmissible After Florida’s Adoption of Daubert Rule, Physician’s Opinion as to Cause of Employee’s Placental Abruption Was InadmissibleAn Arkansas appellate court recently affirmed a denial of workers’ compensation death benefits to the surviving beneficiaries of a deceased worker who overdosed on methadone in 2009 while being treated...
Arkansas Court Affirms Denial of Death Benefits Related to Drug Overdose Arkansas Court Affirms Denial of Death Benefits Related to Drug Overdose