Tag: causation

Mar 2, 2018

Greetings From Nashville

ABA 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 Nashville
Mar 14, 2017

Worker’s Fall Was Not Idiopathic, in Spite of Opinion Offered by IME

In an unpublished decision, an Arizona appellate court found that the evidence in the record supported an ALJ’s award of workers’ compensation benefits to an office worker who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 IME
Mar 2, 2017

Virginia Employer Proves Employee Was Intoxicated, But Still Loses Case

The 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 Case
Feb 16, 2017

Wyoming Worker Fails to Connect the Dots Between Original Surgery and Subsequent Procedure to Alleviate Continued Pain

The 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 Pain
Oct 11, 2016

NY Correction Officer Fails to Link Bronchitis to Commercial Airline Flight

For 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 Flight
Dec 8, 2015

Illinois Police Officer’s Back Injury Lifting Duty Bag at Home Found Compensable

A 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 Compensable
Sep 2, 2015

Washington High Court Says Valley Fever is Not Covered by Firefighters’ Presumption

Valley 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’ Presumption
May 29, 2014

Virginia Court: “Firefighter’s Presumption” Requires Showing of Entitlement to Some Form of Economic Indemnity

Virginia, 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 Indemnity
Aug 30, 2013

New Hampshire: Intoxication, Without Showing of Causation, Is Insufficient to Defeat Comp Claim

Reiterating 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
Jul 14, 2013

Note to Employers and Carriers: Don’t Give Up Too Early in Cases Involving Preexisting Disease or Condition

Eggshell Skulls There’s a rule most of us learned early on in the first semester of Torts in law school: that there is ordinarily no allowance for an already weakened...

Note to Employers and Carriers: Don’t Give Up Too Early in Cases Involving Preexisting Disease or Condition Note to Employers and Carriers: Don’t Give Up Too Early in Cases Involving Preexisting Disease or Condition
Apr 9, 2013

Louisiana: Police Officer Fails To Establish Acute Appendicitis Claim Was Connected to Fall at Police Station

A Louisiana appellate court recently affirmed a finding by the Office of Workers’ Compensation that granted an employer police department’s motion for summary judgment regarding a claim filed by a...

Louisiana: Police Officer Fails To Establish Acute Appendicitis Claim Was Connected to Fall at Police Station Louisiana: Police Officer Fails To Establish Acute Appendicitis Claim Was Connected to Fall at Police Station
Apr 8, 2013

Arkansas: Health Care Technician Fails to Establish Corneal Ulcer Was Associated With Work-Related Urine Splash

An Arkansas appellate court recently affirmed a decision denying a claim filed by a patient-care technician who contended that her corneal ulcer resulted from or was exacerbated by a workplace...

Arkansas: Health Care Technician Fails to Establish Corneal Ulcer Was Associated With Work-Related Urine Splash Arkansas: Health Care Technician Fails to Establish Corneal Ulcer Was Associated With Work-Related Urine Splash