Month: January 2012

Jan 27, 2012

“By Accident,” the Oft-Ignored Provision in Workers’ Compensation Law

Virtually every jurisdiction’s comp act has a “by accident” provision of some sort in its definition of compensable injury [for an extended discussion, see Larson’s Workers’ Compensation Law, § 42.01,...

“By Accident,” the Oft-Ignored Provision in Workers’ Compensation Law “By Accident,” the Oft-Ignored Provision in Workers’ Compensation Law
Jan 27, 2012

Nurse Assistant’s Allegations That She Was Fired For Getting Pregnant Cannot Support Emotional Distress Claim Against Former Employer

A Pennsylvania nurse assistant, who claimed she suffered emotional distress when she was fired for getting pregnant, may not pursue her tort claim against the former employer in federal court,...

Nurse Assistant’s Allegations That She Was Fired For Getting Pregnant Cannot Support Emotional Distress Claim Against Former Employer Nurse Assistant’s Allegations That She Was Fired For Getting Pregnant Cannot Support Emotional Distress Claim Against Former Employer
Jan 22, 2012

New York: Apportionment Not Available Between Work-Related Asbestosis and Non-Work-Related Thyroid Cancer in Death Benefits Case

Last Thursday, a New York appellate court recently affirmed a decision by the state’s Workers’ Compensation Board that had determined that a worker’s death was causally related to his employment...

New York: Apportionment Not Available Between Work-Related Asbestosis and Non-Work-Related Thyroid Cancer in Death Benefits Case New York: Apportionment Not Available Between Work-Related Asbestosis and Non-Work-Related Thyroid Cancer in Death Benefits Case
Jan 20, 2012

Virginia Court: Removal of Ankle Prosthesis, Without its Replacement, Does Not Trigger Reopening Statute

Recognizing that no matter how competent and reasonable a commission or board’s determination of a claimant’s medical condition and level of disability might be at the time of a hearing,...

Virginia Court: Removal of Ankle Prosthesis, Without its Replacement, Does Not Trigger Reopening Statute Virginia Court: Removal of Ankle Prosthesis, Without its Replacement, Does Not Trigger Reopening Statute
Jan 14, 2012

Georgia Appellate Court: Effort to Stop Runaway Car is Not a Deviation From the Employment

Last Wednesday, a Georgia appellate court, holding the State Board of Workers’ Compensation had utilized an “erroneous theory” regarding what conduct constitutes a deviation from employment that will bar compensation...

Georgia Appellate Court: Effort to Stop Runaway Car is Not a Deviation From the Employment Georgia Appellate Court: Effort to Stop Runaway Car is Not a Deviation From the Employment
Jan 12, 2012

Arkansas Court Affirms Denial of Benefits; Explosion Caused By Worker’s Marijuana Use

In a split decision, the Arkansas Court of Appeals yesterday affirmed a finding by the state’s Workers’ Compensation Commission that an injured worker failed to rebut the statutory presumption that...

Arkansas Court Affirms Denial of Benefits; Explosion Caused By Worker’s Marijuana Use Arkansas Court Affirms Denial of Benefits; Explosion Caused By Worker’s Marijuana Use
Jan 11, 2012

New York Correctional Facility Superintendent’s Achilles Tendon Injury While Coaching Volleyball Team is Compensable In Spite of Statute Limiting Definition of “Injury”

A New York appellate court, in Nichols v. Hale Creek ASACTC, 2012 N.Y. App. LEXIS 79 (Jan. 5, 2012) has affirmed an award of workers’ compensation benefits to a superintendent...

New York Correctional Facility Superintendent’s Achilles Tendon Injury While Coaching Volleyball Team is Compensable In Spite of Statute Limiting Definition of “Injury” New York Correctional Facility Superintendent’s Achilles Tendon Injury While Coaching Volleyball Team is Compensable In Spite of Statute Limiting Definition of “Injury”
Jan 6, 2012

New York Case Illustrates That Correlation Between Years of Heavy Work and Back Problems Is Insufficient to Support Compensability

A New York decision reported yesterday, Satalino v. Dan’s Supreme Supermarket, 2012 NY Slip Op 86, 2012 N.Y. App. Div. LEXIS 63 (Jan. 5, 2012), illustrates the important distinction between...

New York Case Illustrates That Correlation Between Years of Heavy Work and Back Problems Is Insufficient to Support Compensability New York Case Illustrates That Correlation Between Years of Heavy Work and Back Problems Is Insufficient to Support Compensability