Issue Commentary: Direct and Natural Consequence Rule

120-Pound Weight Gain Might (or Might Not) Sink Idaho Worker’s Aggravation Claim

In a meticulous and well-reasoned opinion weighing and discussing multiple issues, the Supreme Court of Idaho held that the state’s Industrial Commission committed error when it ruled that the claimant’s...

PA Court: Carefully Planned Suicide Still Compensable

Decision is Consistent with Majority Rule In a holding that is consistent with the dominant rule among American jurisdictions, a Pennsylvania appellate court recently affirmed a Board decision that awarded...

Original TN Employer Liable for Medical Care in Spite of Employee’s Violation of Lifting Limits

Negligent 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...

New Hampshire Injured Worker’s Death from Heroin and Oxycodone Overdose is not Compensable

The Supreme Court of New Hampshire recently affirmed a decision of the state’s Compensation Appeals Board (CAB) that denied death benefits to the widow of a worker who died of...

Tennessee Widow Loses Battle Related to Injured Worker’s Overdose Death

In a case that echoes the plight of all too many injured workers in the U.S., the Supreme Court of Tennessee has overturned a decision of a state chancery court...

Like Oil & Water, Oxycodone and Xanax Don’t Mix

Nebraska Worker’s Death From Apparent Suicide is Not Compensable In a case that is heartbreaking from multiple points of view, the family of an injured Nebraska employee was denied workers’...

Arkansas Court Affirms Denial of Death Benefits Related to Drug Overdose

An Arkansas appellate court recently affirmed a denial of workers’ compensation death benefits to the surviving beneficiaries of a deceased worker who overdosed on methadone in 2009 while being treated...

D.C. Circuit Court: Personal Representative’s Civil Action Against Employer for Negligent Provision of Firearm to Suicide Victim/Employee May Not Proceed

In a case with a number of interesting twists, the Court of Appeals for the D.C. Circuit recently affirmed a decision by a U.S. District Court that, in relevant part,...

Ohio: Trauma Induced Stroke Sustained In Fall From Wheelchair Is Not Compensable Aggravation of Original Injury

A worker, who lost the use of his legs in 1965 in a work-related accident, and who was thereafter confined to a wheelchair, is not entitled to additional workers compensation...