Monthly Archives: May 2014

Virginia Court: “Firefighter’s Presumption” Requires Showing of Entitlement to Some Form of Economic Indemnity

Virginia, like a number of other states [see the discussion in Larson’s Workers’ Compensation Law, § 52.07], has a special presumption favoring firefighters (and police officers) as to death or disability from respiratory disease, hypertension or heart disease, and cancer … Continue reading

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New Mexico Court Orders Employer to Reimburse Worker For Medical Marijuana

In what appears to be a case of first impression for any state appellate court, a New Mexico appellate court, in Vialpando v. Ben’s Automotive Servs., 2014 N.M. App. LEXIS 50 (May 19, 2014), has held that an employer may … Continue reading

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Nebraska Extends Heightened “Heart Attack” Causation Standard to Blood Clot and Embolism

Due to the difficulties in attributing the cause of a heart attack to the claimant’s work, a number of states, including Nebraska, require the employee or the employee’s dependents to establish compensability of the cardiac event using a heightened standard … Continue reading

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After Florida’s Adoption of Daubert Rule, Physician’s Opinion as to Cause of Employee’s Placental Abruption Was Inadmissible

Noting that with its 2013 amendment to § 90.702, Fla. Stat., the Florida legislature had clearly jettisoned both “the Frye test” and the “pure opinion” rule [Flannagan v. State, 625 So. 2d 827 (Fla. 1993), in favor of the Daubert … Continue reading

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Arkansas Court Affirms Denial of Death Benefits Related to Drug Overdose

An Arkansas appellate court recently affirmed a denial of workers’ compensation death benefits to the surviving beneficiaries of a deceased worker who overdosed on methadone in 2009 while being treated for withdrawal from opiates prescribed for pain resulting from his … Continue reading

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