Tag: occupational disease

Aug 10, 2020

NC Claims Rep's Occupational Disease Claim for Anxiety and Depression Fails

A North Carolina appellate court affirmed a decision by the state’s Industrial Commission that denied an employee’s claim for an alleged occupational disease due to excessive stress and other pressures...

NC Claims Rep's Occupational Disease Claim for Anxiety and Depression Fails NC Claims Rep's Occupational Disease Claim for Anxiety and Depression Fails
Jul 13, 2020

Opinion Mondays: Recent NY Case May Open Door for Compensability of COVID-19 Claims Without Need for Presumption

It 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 Presumption
Mar 10, 2020

For Workers’ Comp World, Coronavirus is a Real “Snake in the Grass”

The world is transfixed by a new enemy: the coronavirus. I just received an email from my bank reminding me how I can use my accounts’ electronic features so as...

For Workers’ Comp World, Coronavirus is a Real “Snake in the Grass” For Workers’ Comp World, Coronavirus is a Real “Snake in the Grass”
Feb 24, 2020

Missouri Claimants Not Entitled to Statutory “Enhanced Benefit” for Worker’s Mesothelioma

In Missouri, where employers have elected to accept mesothelioma liability pursuant to a special provision of the state Act — Mo. Rev. Stat. § 287.200.4(3)(a)(2013) — the employer becomes liable...

Missouri Claimants Not Entitled to Statutory “Enhanced Benefit” for Worker’s Mesothelioma Missouri Claimants Not Entitled to Statutory “Enhanced Benefit” for Worker’s Mesothelioma
Jan 31, 2020

Washington Claimant May Not Recover for PTSD as an Occupational Disease

A Washington appellate court affirmed a finding by the state’s Department of Labor and Industries (”the Department”) that an employee could not prevail in her occupational disease claim for post-traumatic...

Washington Claimant May Not Recover for PTSD as an Occupational Disease Washington Claimant May Not Recover for PTSD as an Occupational Disease
Aug 27, 2019

Maryland First Responder’s Degenerative Knee Condition is Occupational “Disease”

In a divided decision, the Court of Appeals of Maryland yesterday held that since there was no showing that a first responder had a concomitant preexisting condition, and since he...

Maryland First Responder’s Degenerative Knee Condition is Occupational “Disease” Maryland First Responder’s Degenerative Knee Condition is Occupational “Disease”
Aug 5, 2019

Maryland Widow’s Death Benefits Claim Not Barred by Husband’s Broad Release Before His Death

A worker’s claim for workers’ compensation benefits and a dependent’s claim for death benefits are separate and independent claims, such that the dependent’s claim is not derivate of the worker’s,...

Maryland Widow’s Death Benefits Claim Not Barred by Husband’s Broad Release Before His Death Maryland Widow’s Death Benefits Claim Not Barred by Husband’s Broad Release Before His Death
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
Apr 30, 2019

Oregon Court Reiterates that “Susceptible to” Does Not Equate with “Preexisting Condition”

Court Nevertheless Reverses and Remands Board’s Decision That Had Awarded Benefits The Court of Appeals of Oregon recently reiterated that a mere susceptibility or predisposition that does not contribute to...

Oregon Court Reiterates that “Susceptible to” Does Not Equate with “Preexisting Condition” Oregon Court Reiterates that “Susceptible to” Does Not Equate with “Preexisting Condition”
Mar 22, 2019

Washington Public Defender May Be Able to Recover in Tort for Work-Related PTSD

Restrictive “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 PTSD
Nov 9, 2015

Widow of Illinois Mesothelioma Victim Finds Herself with Catch–22

The widow of a worker who was diagnosed with mesothelioma some 40 years after his exposure to asbestos may not sue the former employer to recover damages since her exclusive...

Widow of Illinois Mesothelioma Victim Finds Herself with Catch–22 Widow of Illinois Mesothelioma Victim Finds Herself with Catch–22
Sep 2, 2015

Washington High Court Says Valley Fever is Not Covered by Firefighters’ Presumption

Valley fever is not a “respiratory disease” for purposes of the state of Washington’s firefighters presumption [Wash. Rev. Code § 51.21.185(1)]; it is instead an “infectious disease” and is not...

Washington High Court Says Valley Fever is Not Covered by Firefighters’ Presumption Washington High Court Says Valley Fever is Not Covered by Firefighters’ Presumption