An injured worker can receive workers’ compensation benefits despite the fact that her injury was completely unexplainable, according to a May 25, 2022, appeals court decision. The Arkansas Court of Appeals found the worker’s unexplained ankle injury was not caused by any prior health problems, and since it happened at work, was compensable. Ankle popped […]
Workers' Compensation Decisions
Can an employee who claimed he contracted silicosis from running an abrasion machine for three shifts get workers’ compensation benefits? The West Virginia Supreme Court of Appeals upheld a denial of the claim after finding that medical evidence supported a diagnosis that the employee’s breathing problems were caused by prior health issues, not silicosis. Treating […]
An effort has stalled in one state to clear up conflicting portions of its workers’ comp law about drunk/drugged employees who are injured. This raises the question: Can impaired employees get comp benefits when they’re injured?
Can an employee with hearing loss from work-related noise exposure get workers’ compensation benefits even if he filed a claim more than two years after being diagnosed with the condition? The Iowa Court of Appeals found the employee couldn’t collect benefits since, as a “reasonable person,” he should have realized the “nature, seriousness and probable […]
An injured bus attendant can’t get enhanced workers’ compensation benefits after failing to prove his employer violated a specific safety requirement related to the incident. The Ohio Court of Appeals found the safety requirement the bus attendant referred to – which required audible or visual warning devices on motor vehicles – was specific to workshops […]
A metal worker who claimed to have contracted COVID-19 on the job can’t pursue workers’ compensation benefits since he couldn’t prove his risk of exposure was greater at work than it was in any other public space. In Yeager v. Arconic, the Ohio Court of Appeals found the worker failed to prove COVID-19 was an […]
A nurse says workplace training dredged up memories of abuse he suffered as a child, and that his resulting post traumatic stress disorder left him unable to work. Can he get workers’ comp benefits for PTSD?
Can an employee collect workers’ comp benefits even if he failed to report the injury until six months after it happened? An Oregon appeals court found that in most cases, an employee has only 90 days to report an injury, with an extension of up to a year if there’s a good reason for the […]
If an injured worker is under medical restrictions but refuses light duty work that they’re capable of performing, they’re typically denied continued benefits. But sometimes conflicting medical opinions can cause complications in this matter. For example, in Cromartie v. Goodyear Tire & Rubber Co., an injured worker was placed on different restrictions by several different […]
The Newtown, CT, school shootings have raised the question: Can employees get workers’ comp coverage for post traumatic stress disorder suffered because of a violent event? Recently, an Ohio court dealt with a similar case.
A long-haul truck driver who developed blood clots in his legs and lungs can get workers’ compensation benefits after the Utah Supreme Court found an almost nine-hour-straight drive contributed to his condition. The court found that the long drive “that precipitated the injury was unusual or extraordinary when compared to normal life activities,” so it […]
Can a worker who failed to disclose a prior back injury collect workers’ compensation benefits after injuring his back while working for a new employer? If the new injury can’t be medically proven to be related to the old injury, it is possible. The South Carolina Court of Appeals issued a decision April 27, 2022, […]
When do workers get to choose their own doctors following a workplace injury? That’s the issue in this case in which a car part fell on a worker’s head.
Was surveillance video of a worker renovating a house enough to get his workers’ comp disability benefits thrown out?
A pet chimpanzee attacked an employee who had been summoned to her boss’ house. The worker sued her employer who countered that workers’ comp should cover this incident. Now, there appears to be a settlement in this case.
Due to a paycheck dispute, an employee was pushed off a roof and injured by a co-worker. Does workers’ comp cover the employee’s injuries? Martin Duran Perez worked as a carpenter for Focus Framing in Nevada. On the day he was injured, Perez was upset because he believed the paycheck he received was short for […]
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