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...
Surviving Spouse Fails to Show Causal Connection Between NY Injury and Decedent’s Subsequent Death Surviving Spouse Fails to Show Causal Connection Between NY Injury and Decedent’s Subsequent DeathNegligent post-injury conduct, such as exceeding the lifting restrictions placed on an injured employee’s activity cannot, in and of itself, constitute an independent intervening cause that would relieve the original...
Original TN Employer Liable for Medical Care in Spite of Employee’s Violation of Lifting Limits Original TN Employer Liable for Medical Care in Spite of Employee’s Violation of Lifting LimitsAn 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 LiabilityQuoting Larson’s Workers’ Compensation Law, § 10.01, a Virginia appellate court affirmed a decision by the state’s Workers’ Compensation Commission that awarded workers’ compensation benefits to an employee who developed...
Virginia Court Says Employee’s MRSA Was Consequential Injury Related to Earlier Work-Related Dog Bite Virginia Court Says Employee’s MRSA Was Consequential Injury Related to Earlier Work-Related Dog BiteIn a decision not designated for publication, a Virginia appellate court affirmed an award of workers' compensation benefits to a claimant who contended he developed Crohn's colitis — a type...
Virginia Employee's Bowel Disease Tied to Puncture Wound in Foot Virginia Employee's Bowel Disease Tied to Puncture Wound in FootThe Supreme Court of Missouri, construing the state’s special causation rules for workers’ compensation claims, affirmed a decision by the state’s Labor and Industrial Relations Commission that denied an employee’s...
"First Do No Harm" – Missouri Employee's Injuries At Doctor's Office Not Compensable "First Do No Harm" – Missouri Employee's Injuries At Doctor's Office Not CompensableWhere an employer paid for medical services exclusively to treat the compensable injury, but not to treat any additional harm from medical negligence, the employer had no subrogation interest in...
Maryland Employer’s Subrogation Interest Does Not Extend to Employee’s Medical Malpractice Settlement Maryland Employer’s Subrogation Interest Does Not Extend to Employee’s Medical Malpractice SettlementConstruing Va. Code Ann. § 65.2-503(C), which provides for PTD benefits, rather than PPD benefits, when an individual suffers the loss of use of two limbs in the same accident,...
Virginia Court Says Injuries Occurring Two Years Apart Can Actually Be From the “Same Accident” Virginia Court Says Injuries Occurring Two Years Apart Can Actually Be From the “Same Accident”Stressing that a workers’ compensation claimant may recover not only for injuries that directly result from an employment accident, but also for subsequent, consequential injuries that are causally connected to...
Virginia Claimant Awarded Benefits for Right Knee Condition More than 10 Years after Injury to Left Knee Virginia Claimant Awarded Benefits for Right Knee Condition More than 10 Years after Injury to Left KneeIf 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 Facility