Tag: medical evidence

Jul 19, 2019

Commentary: The Challenges in Dealing With Cautious Medical Testimony

Five Out of Seven Ohio Supreme Court Justices Say Medical Opinion Was Ambiguous In a 5-2 decision, the Supreme Court of Ohio affirmed a finding by the Tenth District Court...

Commentary: The Challenges in Dealing With Cautious Medical Testimony Commentary: The Challenges in Dealing With Cautious Medical Testimony
Jul 18, 2019

Minnesota High Court Explains PTSD Evidentiary Requirements

Minn. Stat. § 176.011, subd. 15(d) (2018), which requires the employee to prove that the employee has been diagnosed with post-traumatic stress disorder (PTSD) by a licensed psychologist or psychiatrist...

Minnesota High Court Explains PTSD Evidentiary Requirements Minnesota High Court Explains PTSD Evidentiary Requirements
Jun 6, 2019

NY Claimant Establishes Aspergillosis Claim as an Accidental Injury

Court’s Ruling of No Occupational Disease Does Not Bar Claim (After Remittal) for Accidental Injury Where a New York appellate court reversed the state Workers’ Compensation Board’s finding that a...

NY Claimant Establishes Aspergillosis Claim as an Accidental Injury NY Claimant Establishes Aspergillosis Claim as an Accidental Injury
May 9, 2019

Missouri Court Says Medical “Expert” Need Not be an M.D.

Opinion of Audiologist With Ph.D. Trumps Opinion of M.D. A Missouri appellate court has affirmed a decision of the state’s Labor and Industrial Relations Commission awarding permanent partial disability benefits...

Missouri Court Says Medical “Expert” Need Not be an M.D. Missouri Court Says Medical “Expert” Need Not be an M.D.
Mar 15, 2019

Colorado ALJ May Not Find MMI Without Appropriate Expert Medical Opinion

A Colorado appellate court recently held that a workers’ compensation claimant may not be placed at the point of maximum medical improvement (MMI) where neither the claimant’s treating physician nor...

Colorado ALJ May Not Find MMI Without Appropriate Expert Medical Opinion Colorado ALJ May Not Find MMI Without Appropriate Expert Medical Opinion
Feb 18, 2019

Last Injurious Exposure: What Does “Impossible” Mean?

Oregon Court Says “Impossibility” May be Established by Medical “Probability” Oregon, like the majority of American jurisdictions, employs the “last injurious exposure” rule to assign liability among multiple employers in...

Last Injurious Exposure: What Does “Impossible” Mean? Last Injurious Exposure: What Does “Impossible” Mean?
Dec 3, 2018

New York Court Says Attorney’s Ex Parte Text Message to Physician Was Harmless

In a divided decision, a New York appellate court recently held that the state’s Workers’ Compensation Board abused its discretion when it excluded from the record a physician’s medical report...

New York Court Says Attorney’s Ex Parte Text Message to Physician Was Harmless New York Court Says Attorney’s Ex Parte Text Message to Physician Was Harmless
Oct 26, 2018

Nebraska Physician Assistant May Not Sign Medical Report

While the term, “physician,” as defined by Neb. Workers’ Comp. R. 49(O) (2018), generally includes those practicing osteopathic medicine, chiropractic, podiatry, or dentistry, it does not include a physician assistant,...

Nebraska Physician Assistant May Not Sign Medical Report Nebraska Physician Assistant May Not Sign Medical Report
Oct 20, 2012

Iowa: Court Finds Evidence Does Not Support Requiring Employer to Bear Expense of Gastric Bypass Surgery

Because an injured worker offered no evidence, other than her own testimony, that her gastric bypass surgery had been beneficial to her work-related injury, it was error to find the...

Iowa: Court Finds Evidence Does Not Support Requiring Employer to Bear Expense of Gastric Bypass Surgery Iowa: Court Finds Evidence Does Not Support Requiring Employer to Bear Expense of Gastric Bypass Surgery