Wyoming High Court Says MD’s Certification is Not Required in Odd Lot Cases

Cost of Ohio Bureau’s Second Medical Opinion Not Part of its Subrogation Interest

Indefinite Medical Testimony Sinks NY Claimant’s Occupational Disease Claim

A New York appellate court held that where a physician testified that a claimant developed neck and shoulder pain “due to repetitive stress and forceful use of the upper extremities...

Attorney’s Knowledge of Work-Relatedness Imputed to TN Claimant, Barring Claim as Untimely Filed

In an unpublished decision, the Special Workers’ Compensation Appeals Panel of the Supreme Court of Tennessee affirmed a decision of a state trial court that found an employee’s workers’ compensation...

GA Court: Establishing Res Judicata is Difficult as to Medical Issues

Stressing that because a claimant’s course of treatment is fluid and may evolve over time as either the claimant’s condition changes, the recommendations of the authorized treating physician change, or...

NY Court Affirms Abandonment of Labor Market Finding in Spite of Medical Opinion as to Disability

In spite of the fact that a New York employee sustained an admitted work-related injury–she was hit by falling scaffolding–and her physician offered an unrebutted medical opinion that she was...

Florida JCC May Not Ignore Clear Opinion of Expert Medical Advisor

Where an Expert Medical Advisor (EMA) clearly indicated in his report that a claimant had not reached MMI because of the claimant’s need for future surgery, it was error for...

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...

New York: No Death Benefits Awarded Where Work-Related Heart Attack Occurred 24 Years Earlier

A New York appellate court recently affirmed a finding by the state’s Workers’ Compensation Board that ruled that the death of claimant’s husband was not causally related to his employment...