Tag: compensability

Sep 22, 2021

Catch 22 Prevents Florida Officer From Utilizing Presumption of Compensability

A Florida appellate court affirmed a decision by a judge of compensation claims that found a law enforcement officer was not entitled to the special presumption of compensability related to...

Catch 22 Prevents Florida Officer From Utilizing Presumption of Compensability Catch 22 Prevents Florida Officer From Utilizing Presumption of Compensability
Aug 3, 2020

Opinion Mondays: COVID-19 Presumptions Don't Stand Alone in the Workers' Comp World

Recently, I had an occasion to spar with a young reporter who was gathering background information on a COVID-19 piece that she’s preparing. She’s only been in the legal news...

Opinion Mondays: COVID-19 Presumptions Don't Stand Alone in the Workers' Comp World Opinion Mondays: COVID-19 Presumptions Don't Stand Alone in the Workers' Comp World
Apr 13, 2020

Opinion Mondays: State Governors Have Pens, Who Needs Legislatures?

Since the outbreak of the coronavirus pandemic, a number of state governors (e.g., California, Kentucky, Missouri, and North Dakota) have issued executive orders promising extended workers’ compensation benefits and, in...

Opinion Mondays: State Governors Have Pens, Who Needs Legislatures? Opinion Mondays: State Governors Have Pens, Who Needs Legislatures?
Oct 26, 2017

Florida: Abnormal Pre-Employment BP Reading Does Not Mean Loss of Presumption of Compensability

“White Coat” Syndrome Could Explain Isolated Reading As do a number of states, Florida provides a specialized presumption of compensability favoring certain law enforcement officers [see § 112.18(1), Fla. Stat.]....

Florida: Abnormal Pre-Employment BP Reading Does Not Mean Loss of Presumption of Compensability Florida: Abnormal Pre-Employment BP Reading Does Not Mean Loss of Presumption of Compensability
Apr 4, 2017

New York Deputy Sheriff’s Fatal Heart Attack at Home is Not Compensable

Acknowledging that N.Y. Work. Comp. Law § 21 provides a presumption of compensability where the decedent’s initial injury occurs while he or she at work, a New York appellate court...

New York Deputy Sheriff’s Fatal Heart Attack at Home is Not Compensable New York Deputy Sheriff’s Fatal Heart Attack at Home is Not Compensable
Oct 17, 2014

Commentary: Ebola Has Everybody Spooked; They’re Even Calling Me With Questions

Ebola has everyone spooked. I read this afternoon that a Dallas health care worker who handled one or more lab specimens from the Liberian man who died from Ebola is...

Commentary: Ebola Has Everybody Spooked; They’re Even Calling Me With Questions Commentary: Ebola Has Everybody Spooked; They’re Even Calling Me With Questions
Jul 7, 2014

New York Court Affirms PTSD Award to Physician’s Assistant Threatened by Surgeon During Surgical Procedure

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 Procedure