Construing N.C. Gen. Stat. § 97-2(6), which defines “injury” to mean “only injury by accident arising out of and in the course of the employment” [emphasis added], the Court of...
NC Court Construes State’s “Injury by Accident” Requirement NC Court Construes State’s “Injury by Accident” RequirementUnder Utah’s Allen standard, where the claimant suffers from a preexisting condition that contributes to the injury, the claimant is required to show an unusual or extraordinary exertion in order...
Utah Rule Heightened Standard Regarding Preexisting Conditions Dooms Claim Utah Rule Heightened Standard Regarding Preexisting Conditions Dooms ClaimApplying Utah’s so-called “Allen standard,” under which an employee with a preexisting condition must show that her employment contributed “something substantial” to increase the risk already faced in everyday life,...
Utah Worker Established Causation in Spite of Preexisting Knee Condition Utah Worker Established Causation in Spite of Preexisting Knee ConditionConstruing Ariz. Rev. Stat. § 23-1043.01(B), which denies coverage for mental injuries, such as PTSD, unless some “unexpected, unusual or extraordinary stress related to the employment … was a substantial...
Unusual “Event” Versus Unusual “Stress”: AZ Court Says Commission Should Reconsider Deputy Sheriff’s PTSD Claim Unusual “Event” Versus Unusual “Stress”: AZ Court Says Commission Should Reconsider Deputy Sheriff’s PTSD ClaimIn Louisiana, when an employee seeks to recover workers’ compensation benefits for a heart-related or perivascular injury, he or she must prove, by clear and convincing evidence, that: (i) The...
Louisiana: Boilermaker’s 39-Day Work Schedule, With One Day Off, Found to Cause Stroke Louisiana: Boilermaker’s 39-Day Work Schedule, With One Day Off, Found to Cause StrokeSouth Carolina: Deputy Sheriff’s PTSD Claim in Connection With Fatal Shooting of Suspect Is Not Compensable–No “Extraordinary or Unusual Employment Condition” Existed
On Wednesday, a divided Supreme Court of South Carolina affirmed a unanimous finding of an Appellate Panel of the state’s Workers’ Compensation Commission that a deputy sheriff failed to meet...
South Carolina: Deputy Sheriff’s PTSD Claim in Connection With Fatal Shooting of Suspect Is Not Compensable–No “Extraordinary or Unusual Employment Condition” Existed
South Carolina: Deputy Sheriff’s PTSD Claim in Connection With Fatal Shooting of Suspect Is Not Compensable–No “Extraordinary or Unusual Employment Condition” Existed