A Florida appellate court held that a state JCC had erred when the JCC denied compensability of a claim in which an employee suffered an unexplained fall as she walked...
Florida Court Re-examines Valcourt-Williams “Increased Risk” Analysis Florida Court Re-examines Valcourt-Williams “Increased Risk” AnalysisIn an unpublished decision, an Arizona appellate court affirmed a determination by the state’s Industrial Commission that found an employee’s workers’ compensation claim was not compensable because the employee’s injuries...
Arizona Employee’s Idiopathic Fall is Not Compensable Arizona Employee’s Idiopathic Fall is Not CompensableIn a memorandum opinion, the Supreme Court of Appeals of West Virginia affirmed a decision by the state’s Workers’ Compensation Office of Judges, which had been affirmed by the Board...
West Virginia High Court Says Unexplained Fall is Compensable West Virginia High Court Says Unexplained Fall is CompensableA panel of the New Hampshire Supreme Court reversed a finding of the state’s Compensation Appeals Board (CAB) denying a claim by an elementary school speech assistant who sustained a...
NH Supreme Court Panel Reverses Board’s Denial in Unexplained Fall Case NH Supreme Court Panel Reverses Board’s Denial in Unexplained Fall CaseAs is the rule in many jurisdictions [see Larson’s Workers’ Compensation Law, § 7.04], New York provides a presumption of compensability for accidents occurring during the course of employment which...
“Substantial” Evidence, Not Just “Some” Evidence Required to Rebut NY Presumption Regarding Unwitnessed Injuries “Substantial” Evidence, Not Just “Some” Evidence Required to Rebut NY Presumption Regarding Unwitnessed InjuriesThe Supreme Court of Utah affirmed a finding by the state’s Labor Commission that an employee’s injuries sustained in an unexplained fall in a parking lot adjacent to the employer’s...
Utah High Court Comes Close to Adopting Positional Risk for Unexplained Falls Utah High Court Comes Close to Adopting Positional Risk for Unexplained FallsGuided by the recent decision of the Supreme Court of Kansas in Estate of Graber v. Dillon Cos., 2019 Kan. LEXIS 67 (Apr. 12, 2019)[extended discussion of Graber can be...
Kansas Hospital Worker Recovers for Two Unexplained Falls Kansas Hospital Worker Recovers for Two Unexplained FallsFinding that both the Oregon Workers’ Compensation Board and the state’s Court of Appeals had erroneously utilized the appropriate legal standard in their attempts to determine whether a bank employee’s...
Oregon Supreme Court Clarifies Standard in Unexplained Fall Cases Oregon Supreme Court Clarifies Standard in Unexplained Fall CasesCase Sent Back to Board for Determination Consistent With its Holding In a case of first impression, the Supreme Court of Kansas, affirming a decision of the state’s Court of...
Kansas Supreme Court Reiterates: “Idiopathic” and “Unknown” Are Not Synonyms Kansas Supreme Court Reiterates: “Idiopathic” and “Unknown” Are Not SynonymsThe North Carolina Court of Appeals affirmed the denial of workers’ compensation benefits to a city employee who sustained serious injuries to his right hip, back, and head when he...
NC Employee’s Injuries From Fainting After Toking on E-Cigarette Did Not Arise From the Employment NC Employee’s Injuries From Fainting After Toking on E-Cigarette Did Not Arise From the EmploymentRepeat After Me: “Correlation Doesn’t Mean Causation” The Virginia Court of Appeals recently reversed an award of workers’ compensation benefits to an emergency room paramedic who fainted, sustaining a skull...
No Recovery For Swooning Virginia EMT No Recovery For Swooning Virginia EMT