An Ohio appellate court affirmed a verdict entered by a trial court on a jury verdict finding an injured employee was entitled to participate in the benefits provided under the...
Ohio Court Appropriately Instructs Jury on “Eggshell Head” Theory of Liability Ohio Court Appropriately Instructs Jury on “Eggshell Head” Theory of LiabilityAcknowledging the broad latitude afforded the state’s Workers’ Compensation Board of Review when it comes to weighing the medical evidence before it, the Supreme Court of Appeals of West Virginia,...
West Virginia Court Reverses Medical Findings of Board of Review West Virginia Court Reverses Medical Findings of Board of ReviewIn another case involving Utah's so-called "Allen standard," under which an employee with a preexisting condition faces a heightened standard for proving legal causation, a state appellate court affirmed a...
Utah Court Agrees that Leap from Truck Was Unusual Utah Court Agrees that Leap from Truck Was UnusualApplying 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 ConditionIllustrating yet again, that the age-old adage that an employer generally takes an employee as it finds him or her, a Nebraska appellate court affirmed a finding by the state’s...
Broken Ankle Results in Permanent Total Disability for Nebraska Truck Driver Broken Ankle Results in Permanent Total Disability for Nebraska Truck DriverIn spite of medical evidence that indicated an injured employee’s disability should be equally apportioned between his noncompensable lung cancer condition and a subsequent work-related injury to his right shoulder...
No Apportionment For NY Claimant’s Preexisting Cancer In Spite of Medical Evidence No Apportionment For NY Claimant’s Preexisting Cancer In Spite of Medical EvidenceWhere a worker’s preexisting multiple sclerosis (“MS”) was non-disabling and undiagnosed at the time he suffered a slip and fall injury on ice, striking his head on the pavement, it...
NY Board Errs in Apportioning Disability to Preexisting Multiple Sclerosis NY Board Errs in Apportioning Disability to Preexisting Multiple Sclerosis