Tag Archives: causation

Oklahoma Claimant Awarded Additional Benefits After Freak Accident at Medical Facility

If It Weren’t For Bad Luck, She’d Have No Luck at All An Oklahoma workers’ compensation claimant is entitled to additional benefits following a bizarre incident in which she sustained further injuries to her knee in 2012 at a medical … Continue reading

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Greetings From Nashville

ABA Workers’ Compensation Midwinter Conference is Ongoing in “Music City” Heavy rain greeted attendees yesterday at this year’s ABA Workers’ Compensation Midwinter Conference in Nashville, but inside the Westin Nashville Hotel, the atmosphere was convivial and the sessions were informative.

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Worker’s Fall Was Not Idiopathic, in Spite of Opinion Offered by IME

In an unpublished decision, an Arizona appellate court found that the evidence in the record supported an ALJ’s award of workers’ compensation benefits to an office worker who sustained a compound fracture of her left forearm when, as she was … Continue reading

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Virginia Employer Proves Employee Was Intoxicated, But Still Loses Case

The Court of Appeals of Virginia recently reiterated that in order to defeat a claim for workers’ compensation benefits, it is not enough to show that an employee was intoxicated at the time of his or her injury; the employer … Continue reading

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Wyoming Worker Fails to Connect the Dots Between Original Surgery and Subsequent Procedure to Alleviate Continued Pain

The Supreme Court of Wyoming affirmed a finding by a state district court that an injured worker failed to establish a causal connection between her 2013 need for shoulder surgery and either her original 2004 shoulder injury or the 2005 … Continue reading

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NY Correction Officer Fails to Link Bronchitis to Commercial Airline Flight

For many of us, it’s uncanny. Within a few days of flying on a commercial jet, we come down with some sort of cold or bronchial disorder. Our intuition tells us that there is a correlation between our time trapped in … Continue reading

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Illinois Police Officer’s Back Injury Lifting Duty Bag at Home Found Compensable

A police officer, who injured his back as he lifted his “duty bag” to place it in his personal vehicle prior to leaving his home for work sustained an injury arising out of and in the course of his employment, … Continue reading

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Washington High Court Says Valley Fever is Not Covered by Firefighters’ Presumption

Valley fever is not a “respiratory disease” for purposes of the state of Washington’s firefighters presumption [Wash. Rev. Code § 51.21.185(1)]; it is instead an “infectious disease” and is not listed among those diseases conditions for which the firefighter enjoys … Continue reading

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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 Hampshire: Intoxication, Without Showing of Causation, Is Insufficient to Defeat Comp Claim

Reiterating an important point, that in order to defeat a workers’ compensation claim it is generally insufficient to show that the injured worker was intoxicated at the time of the injury–the employer/carrier must also prove a causal connection between the … Continue reading

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