Lip Service Given to “Liberally Construing” the “Arising Out of” Tests In a split decision, the Court of Appeals of Virginia, tipping its hat to the notion that the workers’ compensation statutes...
Split Virginia Court Affirms Denial of Airport Worker’s Electrocution Claim Split Virginia Court Affirms Denial of Airport Worker’s Electrocution ClaimRules of Evidence Do Not Strictly Apply to Comp Hearings Stressing that in workers’ compensation hearings, the Kansas Rules of Evidence do not apply and that even hearsay evidence may...
Divided Kansas Court Says Lab Test Results Showing Marijuana Were Admissible Divided Kansas Court Says Lab Test Results Showing Marijuana Were AdmissibleIf It Weren’t For Bad Luck, She’d Have No Luck at All An Oklahoma workers’ compensation claimant is entitled to additional benefits following a bizarre incident in which she sustained...
Oklahoma Claimant Awarded Additional Benefits After Freak Accident at Medical Facility Oklahoma Claimant Awarded Additional Benefits After Freak Accident at Medical FacilityABA Workers’ Compensation Midwinter Conference is Ongoing in “Music City” Heavy rain greeted attendees yesterday at this year’s ABA Workers’ Compensation Midwinter Conference in Nashville, but inside the Westin Nashville...
Greetings From Nashville Greetings From NashvilleIn an unpublished decision, an Arizona appellate court found that the evidence in the record supported an ALJ’s award of workers’ compensation benefits to an office worker who sustained a...
Worker’s Fall Was Not Idiopathic, in Spite of Opinion Offered by IME Worker’s Fall Was Not Idiopathic, in Spite of Opinion Offered by IMEThe Court of Appeals of Virginia recently reiterated that in order to defeat a claim for workers’ compensation benefits, it is not enough to show that an employee was intoxicated...
Virginia Employer Proves Employee Was Intoxicated, But Still Loses Case Virginia Employer Proves Employee Was Intoxicated, But Still Loses CaseThe Supreme Court of Wyoming affirmed a finding by a state district court that an injured worker failed to establish a causal connection between her 2013 need for shoulder surgery...
Wyoming Worker Fails to Connect the Dots Between Original Surgery and Subsequent Procedure to Alleviate Continued Pain Wyoming Worker Fails to Connect the Dots Between Original Surgery and Subsequent Procedure to Alleviate Continued PainFor many of us, it’s uncanny. Within a few days of flying on a commercial jet, we come down with some sort of cold or bronchial disorder. Our intuition tells us...
NY Correction Officer Fails to Link Bronchitis to Commercial Airline Flight NY Correction Officer Fails to Link Bronchitis to Commercial Airline FlightA police officer, who injured his back as he lifted his “duty bag” to place it in his personal vehicle prior to leaving his home for work sustained an injury...
Illinois Police Officer’s Back Injury Lifting Duty Bag at Home Found Compensable Illinois Police Officer’s Back Injury Lifting Duty Bag at Home Found CompensableValley fever is not a “respiratory disease” for purposes of the state of Washington’s firefighters presumption [Wash. Rev. Code § 51.21.185(1)]; it is instead an “infectious disease” and is not...
Washington High Court Says Valley Fever is Not Covered by Firefighters’ Presumption Washington High Court Says Valley Fever is Not Covered by Firefighters’ PresumptionVirginia, 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 IndemnityReiterating an important point, that in order to defeat a workers’ compensation claim it is generally insufficient to show that the injured worker was intoxicated at the time of the...
New Hampshire: Intoxication, Without Showing of Causation, Is Insufficient to Defeat Comp Claim New Hampshire: Intoxication, Without Showing of Causation, Is Insufficient to Defeat Comp Claim