NY Claimant’s Verbal Statement to Assistant Manager Was Sufficient Notice to Employer

West Virginia Court Agrees Fainting Spell for Waitress was Work-Related

West Virginia’s Supreme Court of Appeals affirmed a decision by the state’s Board of Review that found a waitress had sustained a compensable injury when she became overheated at her...

Indefinite Medical Testimony Sinks NY Claimant’s Occupational Disease Claim

A 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...

Lay Testimony Insufficient to Establish Causation for MS Claimant

Where a police officer had sustained three prior work-related injuries and sought to receive compensation for an alleged injury to his neck, the burden was on the employee to show...

NY Court Says Existence of Medical Restrictions Are Alone Insufficient to Establish Reduced Earnings Claim

A New York appellate court affirmed the state Board’s rescission of a WCLJ’s reduced earnings award where it found that while the workers’ compensation claimant did have medical restrictions following...

Florida Court Re-examines Valcourt-Williams “Increased Risk” Analysis

A Florida appellate court held that a state JCC had erred when the JCC denied compensability of a claim in which an employee suffered an unexplained fall as she walked...

Ex Parte Letter to Treating Physician Sinks NY Truck Driver’s Occupational Disease Claim

Stressing that it is for the New York Workers’ Compensation Board to weigh the evidence—including the medical evidence—and that the Board’s findings will be upheld if supported by substantial evidence,...

Iowa Court Affirms Denial of Death Benefits in Suicide Case

An Iowa appellate court affirmed a district court’s decision affirming the denial of death benefits to a widow whose husband committed suicide mere hours after he had been terminated from...

Oregon Software Worker Fails to Establish Mental Disorder Claim

Illustrating the substantial barrier that many Oregon claimants contend has been erected via the combination of the state’s “clear and convincing evidence” standard and its “major contributing cause” requirement [see...

Waiting 19 Months to Seek Medical Treatment Proves Fatal to NY Claims Examiner’s Case

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that denied benefits to a claims examiner who alleged that she had sustained injuries to her...

GA Worker’s Subsequent Fall at Home Was an Intervening Cause of Current Condition

A Georgia appellate court found that a state superior court erred when it reversed the State Board of Workers’ Compensation’s determination that an injured worker had recovered from a work-related...

Surviving Spouse Fails to Show Causal Connection Between NY Injury and Decedent’s Subsequent Death

A New York appellate court affirmed a determination by the state’s Workers’ Compensation Board that the surviving spouse of a deceased worker failed to establish—by competent medical evidence—that his wife’s...