Monthly Archives: January 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, et seq.]. About half the states actually employ the term … Continue reading

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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, held a U.S. District Court recently [see Galezniak v. Millville … Continue reading

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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 in spite of medical evidence that his death was attributable … Continue reading

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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, either or both might later change, all states provide some … Continue reading

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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 under the Workers’ Compensation Act, reversed a decision that denied … Continue reading

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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 his accident and resulting injury at work were substantially occasioned … Continue reading

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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 of a county correctional facility who sustained a ruptured Achilles … Continue reading

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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 correlation and causation as well as the difficulty in distinguishing … Continue reading

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