Ex Parte Contact With IME Doctor Results in Sanctions Against MS Employer

Virginia Commission is not Bound by Rules of Pleading or Evidence

Ohio Court Affirms Finding that Furnace Worker’s COVID-19 Was Not Compensable

Finding that a furnace worker had failed to establish the necessary third prong in the definition of occupational diseases—that his employment created a risk of contracting the disease (here, COVID-19)...

Ex Parte Letter to Treating Physician Sinks NY Truck Driver’s Occupational Disease Claim

Stressing that it is for the New York Workers’ Compensation Board to weigh the evidence—including the medical evidence—and that the Board’s findings will be upheld if supported by substantial evidence,...

NY Court Affirms Award for Flight Attendant’s Allergy to Uniforms

Illustrating that it is for the New York Workers’ Compensation Board to weigh the evidence, even when that evidence has been presented to a law judge hearing the case, a...

NY Firefighter Successfully Proved PTSD Claim Based Upon Multiple Gruesome Incidents

Noting that a medical opinion need not be expressed with absolute medical certainty as long as it signified a probability of the underlying cause that was supported by a rational...

Oregon Software Worker Fails to Establish Mental Disorder Claim

Illustrating the substantial barrier that many Oregon claimants contend has been erected via the combination of the state’s “clear and convincing evidence” standard and its “major contributing cause” requirement [see...

Waiting 19 Months to Seek Medical Treatment Proves Fatal to NY Claims Examiner’s Case

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that denied benefits to a claims examiner who alleged that she had sustained injuries to her...

Battle of the Forms: NY Board Abuses Discretion in Failing to Reopen Claim

Where there was a clear discrepancy between the schedule loss of use (SLU) percentage indicated on the face of a surgeon’s C-4.3 form (Doctor’s Report of Maximum Medical Improvement/Permanent Impairment)...

Utah IME Physician May Not Be Sued by Workers’ Comp Claimant

Finding that a physician-patient relationship did not exist between a doctor hired by the workers’ compensation carrier to perform an independent medical examination of the claimant, the Supreme Court of...

Surviving Spouse Fails to Show Causal Connection Between NY Injury and Decedent’s Subsequent Death

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...

PA Claimant’s Benefits Terminated: 18 Months of Home Remedies Did Not Constitute Medical Treatment

The Pennsylvania Commonwealth Court held a WCJ appropriately relied upon the medical opinion of the employer’s examining physician in which the doctor opined that the workers’ compensation claimant had made...