Stressing that the state's Workers' Compensation Board had broad discretion in weighing medical evidence as to causation, a New York appellate court affirmed a decision by the Board denying workers'...
New York Painter Fails to Establish Causal Relation Between Employment and Myocardial Infarction New York Painter Fails to Establish Causal Relation Between Employment and Myocardial InfarctionQuoting 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 BiteA New York appellate court affirmed a decision by the state's Workers' Compensation Board that denied death benefits to a widow whose husband, a former correction officer, died in 2016,...
NY Widow's Death Benefits Claim Filed 12 Years After Work Cessation Not Supported By Medical Evidence NY Widow's Death Benefits Claim Filed 12 Years After Work Cessation Not Supported By Medical EvidenceThe Supreme Court of Wyoming held a state district court did not err when it rejected a determination by Office of Administrative Hearings that a worker’s claim for a work-related...
Wyoming Claim Involving Flesh-Eating Bacteria Not Barred by "Communicable Disease Exclusion" Wyoming Claim Involving Flesh-Eating Bacteria Not Barred by "Communicable Disease Exclusion"Acknowledging that medical opinion evidence need not be expressed with absolute or reasonable medical certainty, but stressing that it nevertheless needed to be based on more than a mere possibility,...
Cautious Medical Opinion Sinks NY Worker's Knee Injury Claim Cautious Medical Opinion Sinks NY Worker's Knee Injury ClaimWhile an employer's failure to file a timely notice of controversy precludes the employer from submitting evidence that the claimant did not sustain accidental injuries or that the alleged injuries...
NY Claimant Must Show Causal Connection Between Employment and Medical Condition Even When Employer Fails to Controvert Claim NY Claimant Must Show Causal Connection Between Employment and Medical Condition Even When Employer Fails to Controvert ClaimIt may be a long shot, but a recent New York appellate decision may have opened the door, if ever so slightly, to compensability of COVID-19 claims on the basis...
Opinion Mondays: Recent NY Case May Open Door for Compensability of COVID-19 Claims Without Need for Presumption Opinion Mondays: Recent NY Case May Open Door for Compensability of COVID-19 Claims Without Need for PresumptionIn 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 FootApplying Utah’s so-called “Allen standard,” under which an employee with a preexisting condition must show that her employment contributed “something substantial” to increase the risk already faced in everyday life,...
Utah Worker Established Causation in Spite of Preexisting Knee Condition Utah Worker Established Causation in Spite of Preexisting Knee ConditionWhere a Virginia police officer in 2009 and 2010 signed acknowledgments that he had received a copy of Virginia’s special heart-lung presumption favoring police officers and certain others, the state’s...
Virginia Police Officer’s Knowledge of Special Heart-Lung Presumption Does Not Trigger Statute of Limitations Virginia Police Officer’s Knowledge of Special Heart-Lung Presumption Does Not Trigger Statute of LimitationsIn a decision illustrating the broad latitude given to Missouri’s Labor & Industrial Relations Commission in judging the weight of medical evidence, a panel of a state appellate court recently...
Missouri Worker Fails to Connect Tinnitus to Work-Related Brawl Missouri Worker Fails to Connect Tinnitus to Work-Related BrawlIllustrating the broad discretion that the state’s Workers’ Compensation Board of Review has when it comes to making factual determinations—including those regarding medical causation—the Supreme Court of Appeals of West...
No Carpal Tunnel Recovery for West Virginia Embalmer No Carpal Tunnel Recovery for West Virginia Embalmer