Category Archives: Case comment

Virginia Court Reiterates Objective Standard For PTSD Claims

The 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 State Police, 2017 Va. App. LEXIS 280 (Nov. 14, 2017)]. … Continue reading

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Exempt Florida Corporate Officer of Subcontractor Barred From Suing General Contractor

An officer of a Florida corporation, who elected to be exempt from workers’ compensation coverage [see § 440.02(15)(b)(1), Fla. Stat. (2008)], and whose “employing” corporation was a subcontractor on a construction project, may not sue the general contractor and other … Continue reading

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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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