Category Archives: Case comment

NC Court Approves Medical Claim for Non-FDA-Approved Compound Cream

A North Carolina appellate court recently held that non-FDA-approved drugs could not be categorically excluded from medical compensation under the state’s workers’ compensation system [Davis v. Craven County ABC Bd., 2018 N.C. App. LEXIS 368 (Apr. 17, 2018)]. The court … Continue reading

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PA Court Nixes Chiropractor’s Separate Charges for “Office Visits” in Connection with Treatments

A Pennsylvania appellate court has concluded that an examination involving no new medical condition, change in medical condition, or other circumstances that require an examination and assessment above and beyond the usual examination and evaluation for the treatment performed on … Continue reading

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No Recovery For Swooning Virginia EMT

Repeat After Me: “Correlation Doesn’t Mean Causation” The Virginia Court of Appeals recently reversed an award of workers’ compensation benefits to an emergency room paramedic who fainted, sustaining a skull fracture and hematoma, as the physician he was assisting began … Continue reading

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20 Shades of Gray: NY Court Construes “Risks of Street Travel” Rule

Where a New York office worker sustained injuries when she tripped and fell while walking on a public sidewalk approximately 20 feet from the door to the building that contained her office, after she had parked her car in an … Continue reading

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Oklahoma Supreme Court: Parent Corporation Not Always Shielded by Exclusive Remedy Doctrine

Certified Question From Tenth Circuit re: “Dual-Capacity” A divided Supreme Court of Oklahoma, responding to a question certified to it by the Tenth Circuit Court of Appeals, has held the state’s 2013 Workers’ Compensation Act (the “AWCA”) does not fully … Continue reading

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California Grubhub Driver is Independent Contractor, Not Employee

From Comp Standpoint: Are Uber, Lyft & Grubhub Truly “Disruptive?” Lamenting that in California, a worker’s status as an employee, vis-a-vis an independent contractor, is an “all-or-nothing proposition,” a U.S. Magistrate Judge, presiding over a bench trial in the Northern … Continue reading

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The Road Less Traveled: Wisconsin Court of Appeals Shuns Majority Rule Re: Borrowing Employer’s Tort Immunity

Temporary Employee Has Option of Claiming Benefits or Suing in Tort Based, at least in part, on the court’s so-called “literal” reading of a Wisconsin statute [Wis. Stat. § 102.29(6)(b)1.], the Court of Appeals of Wisconsin recently held that a worker … Continue reading

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The Top 10 Bizarre Workers’ Comp Cases for 2017

Annual “Bizarre” List Began 30 Years Ago Continuing a New Year’s tradition that informally began 30 years ago, when my mentor, Dr. Arthur Larson, original author of Larson’s Workers’ Compensation Law, and I would meet each January at his home … Continue reading

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Ohio Commission Erred in Assessing Penalties Against Employer for Safety Violations

A worker, who sustained severe injuries, including a left-hand amputation and major depressive disorder, while performing routine maintenance on the employer’s conveyor belt system, is not entitled to additional compensation for his employer’s alleged violation of a specific safety requirement … Continue reading

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Unemployed Volunteer Firefighter Denied TD Benefits

In what some may view as insult added to injury, an unemployed New Jersey firefighter, who sustained significant injuries to her leg when she slipped and fell on ice as she and others fought a multi-alarm file, does not qualify … Continue reading

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