Where a police officer had sustained three prior work-related injuries and sought to receive compensation for an alleged injury to his neck, the burden was on the employee to show...
Lay Testimony Insufficient to Establish Causation for MS Claimant Lay Testimony Insufficient to Establish Causation for MS ClaimantA Pennsylvania WCJ need not consider non-work-related injury limitations that were the result of actions that occurred after the work-related injury as part of a Pennsylvania injured employee’s “residual productive...
Post-Injury Felony Conviction Not a Factor in Determining PA Employee’s Earning Power Post-Injury Felony Conviction Not a Factor in Determining PA Employee’s Earning PowerFinding that a physician-patient relationship did not exist between a doctor hired by the workers’ compensation carrier to perform an independent medical examination of the claimant, the Supreme Court of...
Utah IME Physician May Not Be Sued by Workers’ Comp Claimant Utah IME Physician May Not Be Sued by Workers’ Comp ClaimantAcknowledging that medical opinion evidence need not be expressed with absolute or reasonable medical certainty, but stressing that it nevertheless needed to be based on more than a mere possibility,...
Cautious Medical Opinion Sinks NY Worker's Knee Injury Claim Cautious Medical Opinion Sinks NY Worker's Knee Injury ClaimIn an unpublished opinion that illustrates the difficulty in establishing medical causation in many aggravation cases, a Nebraska appellate court affirmed a decision by the state’s Workers’ Compensation Court denying...
Nebraska Claimant Fails to Connect Sinus Cavity Clot to Earlier DVT Nebraska Claimant Fails to Connect Sinus Cavity Clot to Earlier DVTTestimony by the employer’s independent medical examiner, in which the physician opined that the major contributing cause of claimant’s need for treatment for his respiratory condition was his 17-year history...
Florida IME MD Need Not be Board-Certified Pulmonologist to Testify as to Causation of Lung Condition Florida IME MD Need Not be Board-Certified Pulmonologist to Testify as to Causation of Lung ConditionWhere an Iowa claimant’s expert medical witnesses appeared to be unaware of the procedures followed by the employer to prevent contamination of its water supply, the commissioner could reasonably conclude...
Iowa Worker Fails to Tie Legionnaires’ Disease to Workplace Iowa Worker Fails to Tie Legionnaires’ Disease to WorkplaceIllustrating the deep—and sometimes bitter—divide between some who espouse clinically oriented medical treatment and others that promote the so-called “best practices” guidelines outlined in evidence-based medicine (EBM), a Special Workers’...
510 Pills Per Month With Little Improvement: Tennessee High Court Allows Change of Physician 510 Pills Per Month With Little Improvement: Tennessee High Court Allows Change of Physician