Construing N.C. Gen. Stat. § 97-2(6), which defines “injury” to mean “only injury by accident arising out of and in the course of the employment” [emphasis added], the Court of...
NC Court Construes State’s “Injury by Accident” Requirement NC Court Construes State’s “Injury by Accident” RequirementStressing that a claimant’s “injury” and “impairment” are not necessarily equivalents, an Iowa appellate court affirmed a determination that an injured worker was entitled to permanent partial disability benefits; he...
Iowa Court Affirms PPD Award Where Effects of Knee Injury Extended Beyond the Leg Iowa Court Affirms PPD Award Where Effects of Knee Injury Extended Beyond the LegThe Superior Court of Delaware (New Castle) held that the issue of whether an employee’s fatal COVID-19 infection was an injury or occupational disease must be determined by the state’s...
Delaware Board Must Decide if COVID-Related Claim is Compensable Delaware Board Must Decide if COVID-Related Claim is CompensableAn Arkansas appellate court affirmed the denial of workers’ compensation benefits to an employee who suffered mysterious GI bleeding while completing workers’ compensation claims forms at his employer’s facility, and...
Arkansas Court Stresses Difference Between “Idiopathic” and “Unexplained” Arkansas Court Stresses Difference Between “Idiopathic” and “Unexplained”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 WorldA Virginia appellate court, affirming a decision by the state’s Workers’ Compensation Commission, held that a claimant need only prove her accident caused one “sudden mechanical or structural change” to...
Virginia Court Clarifies “Sudden Mechanical or Structural Change” Requirement Virginia Court Clarifies “Sudden Mechanical or Structural Change” RequirementRestrictive “Mental-Mental” Coverage in State’s Comp Act Opens Door to Potential Liability In a case with a bizarre fact pattern, a King County (Washington) public defender, who contended that she...
Washington Public Defender May Be Able to Recover in Tort for Work-Related PTSD Washington Public Defender May Be Able to Recover in Tort for Work-Related PTSDA National Football League “free agent,” who had been released from his contract by the Philadelphia Eagles and who agreed, along with 15 other free agents, to attend a three-day...
NFL Free Agent Injured in Minicamp Tryout Has No Comp Claim NFL Free Agent Injured in Minicamp Tryout Has No Comp Claim