Author Archives: Thomas A. Robinson

MS Worker’s Staph Infection Was Causally Connected to Epidural Injections for Back Injury

Stressing that the weighing of expert medical evidence is the province of the state’s Workers’ Compensation Commission—and not the appellate courts—the Court of Appeals of Mississippi affirmed a decision awarding workers’ compensation benefits for a worker’s staph infection that the … Continue reading

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Texas Electrician Was Not Traveling Employee In Spite of Weekly Stipend

Death Benefits Claim Barred by Going and Coming Rule In spite of (1) an employer’s designation of an employee as a “field electrician”; (2) the employer’s payment of a $75 weekly stipend to the employee because he lived some distance … Continue reading

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Raped California Hotel Employee May Proceed Against Employer under State’s Fair Employment and Housing Act

Where a California employee alleged facts showing that she was raped while working on the employer’s premises by a drunk nonemployee trespasser, that the employer knew or should have known the trespasser was on the employer’s premises for about an … Continue reading

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SC Workers’ Comp Insurance Policy Procured After Injury is Void

Where owners of a roofing business rushed to an insurance agent and procured a workers’ compensation insurance policy just after an employee was taken to a hospital for treatment of serious injuries sustained in a work-related incident, the policy was … Continue reading

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Florida: Abnormal Pre-Employment BP Reading Does Not Mean Loss of Presumption of Compensability

“White Coat” Syndrome Could Explain Isolated Reading As do a number of states, Florida provides a specialized presumption of compensability favoring certain law enforcement officers [see § 112.18(1), Fla. Stat.]. To take advantage of the presumption, a Florida claimant must … Continue reading

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Ohio Claimant Has Burden of Showing Unexplained Fall Was Not Caused by Idiopathic Condition

Where an injured employee’s medical history and medications raised a fact issue about the possible role of risks personal to the employee in an otherwise unexplained fall, the employee was required to eliminate an idiopathic explanation for her fall, held … Continue reading

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In Georgia, Co-Habitation Without Marriage = No Death Benefits

Within the context of a Georgia workers’ compensation claim, a meretricious relationship works to deny dependency benefits, even if actual dependency exists, held a state appellate court on Tuesday [see Sanchez v. Carter, 2017 Ga. App. LEXIS 465 (Oct. 17, … Continue reading

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Employer and Co-Employees Not Liable in Tort Following Holiday Party Fatality

In a case with bizarre underlying facts, a New York appellate court held a trial court erred in denying an employer’s summary judgment motion in a tort action filed against it by the surviving spouse of an employee who died … Continue reading

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Kentucky Driver Who Keeps Tractor-Trailer Rig at Home is Traveling Employee

Where a long-haul truck driver kept one of his employer’s tractor-trailer units at his home because he lived near an interstate highway and the employer’s facility was one hour away and off the driver’s usual route from Frankfurt, Kentucky, to … Continue reading

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NY Employer Does Not Always Take Employee as it Finds Him

Apportionment Allowed for Prior Nonwork-Related Knee Injury A New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that apportioned a claimant’s 30 percent right leg schedule loss of use (“SLU”) between claimant’s February 2007 work-related injury … Continue reading

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