Construing N.C. Gen. Stat. § 97-2(6), which defines “injury” to mean “only injury by accident arising out of and in the course of the employment” [emphasis added], the Court of...
NC Court Construes State’s “Injury by Accident” Requirement NC Court Construes State’s “Injury by Accident” RequirementCopyright 2022. Thomas A. Robinson. All rights reserved. This post may not be reproduced, in whole or in part, in any form or format, without the express written consent of...
The Top 10 Bizarre Workers’ Comp Cases for 2021 The Top 10 Bizarre Workers’ Comp Cases for 2021As I have noted many times on this blog site and elsewhere, more than 30 years ago my mentor, Dr. Arthur Larson, and I began a quirky—though humorous—New Year’s tradition....
The Top 10 Bizarre Workers’ Comp Cases for 2020 The Top 10 Bizarre Workers’ Comp Cases for 2020Under Utah’s Allen standard, where the claimant suffers from a preexisting condition that contributes to the injury, the claimant is required to show an unusual or extraordinary exertion in order...
Utah Rule Heightened Standard Regarding Preexisting Conditions Dooms Claim Utah Rule Heightened Standard Regarding Preexisting Conditions Dooms ClaimApplying 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 ConditionConstruing Ariz. Rev. Stat. § 23-1043.01(B), which denies coverage for mental injuries, such as PTSD, unless some “unexpected, unusual or extraordinary stress related to the employment … was a substantial...
Unusual “Event” Versus Unusual “Stress”: AZ Court Says Commission Should Reconsider Deputy Sheriff’s PTSD Claim Unusual “Event” Versus Unusual “Stress”: AZ Court Says Commission Should Reconsider Deputy Sheriff’s PTSD ClaimThe Virginia Workers’ Compensation Commission did not err when it found that a state trooper’s PTSD did not arise out of and in the course of his employment [Hess v....
Virginia Court Reiterates Objective Standard For PTSD Claims Virginia Court Reiterates Objective Standard For PTSD ClaimsIn Louisiana, when an employee seeks to recover workers’ compensation benefits for a heart-related or perivascular injury, he or she must prove, by clear and convincing evidence, that: (i) The...
Louisiana: Boilermaker’s 39-Day Work Schedule, With One Day Off, Found to Cause Stroke Louisiana: Boilermaker’s 39-Day Work Schedule, With One Day Off, Found to Cause StrokeA New York appellate court recently agreed with the state’s Workers’ Compensation Board that the death of a grocery store employee was causally related to the employment where evidence showed...
New York: Extraordinary Duties at Grocery Store on Super Bowl Sunday Mean Employee’s Death is Compensable New York: Extraordinary Duties at Grocery Store on Super Bowl Sunday Mean Employee’s Death is CompensableSouth Carolina: Deputy Sheriff’s PTSD Claim in Connection With Fatal Shooting of Suspect Is Not Compensable–No “Extraordinary or Unusual Employment Condition” Existed
On Wednesday, a divided Supreme Court of South Carolina affirmed a unanimous finding of an Appellate Panel of the state’s Workers’ Compensation Commission that a deputy sheriff failed to meet...
South Carolina: Deputy Sheriff’s PTSD Claim in Connection With Fatal Shooting of Suspect Is Not Compensable–No “Extraordinary or Unusual Employment Condition” Existed
South Carolina: Deputy Sheriff’s PTSD Claim in Connection With Fatal Shooting of Suspect Is Not Compensable–No “Extraordinary or Unusual Employment Condition” Existed