In an unpublished decision, the Special Workers’ Compensation Appeals Panel of the Supreme Court of Tennessee affirmed a decision of a state trial court that found an employee’s workers’ compensation...
Attorney’s Knowledge of Work-Relatedness Imputed to TN Claimant, Barring Claim as Untimely Filed Attorney’s Knowledge of Work-Relatedness Imputed to TN Claimant, Barring Claim as Untimely FiledA Mississippi appellate court affirmed an ALJ’s decision, affirmed by the state’s Workers’ Compensation Commission, that an employee’s stress fracture in her right foot was work-related, entitling the employee to...
MS Claimant Establishes Claim in Spite of Cautious Medical Testimony MS Claimant Establishes Claim in Spite of Cautious Medical TestimonyConstruing Ark. Code Ann. § 11-9-102(4)(D) (Supp. 2019), which indicates that a compensable injury must be established by medical evidence supported by objective findings [emphasis mine], an Arkansas appellate court...
Arkansas Muscle Strain Claim May Be Compensable Where Physician Did Not Observe Spasms Arkansas Muscle Strain Claim May Be Compensable Where Physician Did Not Observe SpasmsAn Ohio appellate court affirmed a verdict entered by a trial court on a jury verdict finding an injured employee was entitled to participate in the benefits provided under the...
Ohio Court Appropriately Instructs Jury on “Eggshell Head” Theory of Liability Ohio Court Appropriately Instructs Jury on “Eggshell Head” Theory of LiabilityStressing that the state's Workers' Compensation Board had broad discretion in weighing medical evidence as to causation, a New York appellate court affirmed a decision by the Board denying workers'...
New York Painter Fails to Establish Causal Relation Between Employment and Myocardial Infarction New York Painter Fails to Establish Causal Relation Between Employment and Myocardial InfarctionAn Ohio appellate court reversed a trial court’s determination that an injured worker had not sustained a compensable mental injury–Depressive Disorder, not otherwise specified–stemming from her original 2007 knee injury,...
Foreseeability of Ohio Worker's Depression is Not a Factor in Judging Compensability of Mental Condition Foreseeability of Ohio Worker's Depression is Not a Factor in Judging Compensability of Mental ConditionA New York appellate court affirmed a decision by the state's Workers' Compensation Board that denied death benefits to a widow whose husband, a former correction officer, died in 2016,...
NY Widow's Death Benefits Claim Filed 12 Years After Work Cessation Not Supported By Medical Evidence NY Widow's Death Benefits Claim Filed 12 Years After Work Cessation Not Supported By Medical EvidenceUnder Utah’s Allen standard, where the claimant suffers from a preexisting condition that contributes to the injury, the claimant is required to show an unusual or extraordinary exertion in order...
Utah Rule Heightened Standard Regarding Preexisting Conditions Dooms Claim Utah Rule Heightened Standard Regarding Preexisting Conditions Dooms ClaimWhile an employer's failure to file a timely notice of controversy precludes the employer from submitting evidence that the claimant did not sustain accidental injuries or that the alleged injuries...
NY Claimant Must Show Causal Connection Between Employment and Medical Condition Even When Employer Fails to Controvert Claim NY Claimant Must Show Causal Connection Between Employment and Medical Condition Even When Employer Fails to Controvert ClaimA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that awarded death benefits to a surviving spouse following the suicide of her husband, who had...
NY Court Affirms Death Benefits Following Injured Worker’s Suicide NY Court Affirms Death Benefits Following Injured Worker’s SuicideA Louisiana appellate court affirmed an award of indemnity benefits, medical expenses, $6,000 in penalties, and $9,500 in attorney’s fees to a foreman who sustained two heat exhaustion episodes in...
Louisiana Foreman Awarded Benefits for Heat Exhaustion in Spite of Co-Morbid Condition Louisiana Foreman Awarded Benefits for Heat Exhaustion in Spite of Co-Morbid ConditionAcknowledging the broad latitude afforded the state’s Workers’ Compensation Board of Review when it comes to weighing the medical evidence before it, the Supreme Court of Appeals of West Virginia,...
West Virginia Court Reverses Medical Findings of Board of Review West Virginia Court Reverses Medical Findings of Board of Review