A worker who failed to provide written notice of his injury to his employer can still collect workers’ compensation benefits since he verbally reported the incident, according to an appeals court. The New York Appellate Division’s Third Department said the verbal account of the injury was sufficient since the state’s workers’ compensation board found the […]
A station agent with the New York Transit Authority can’t collect workers’ compensation for carpal tunnel syndrome despite having expert testimony from her doctor. The station agent couldn’t prove to a New York appeals court that her occupational disease was caused by a “distinctive feature of her employment.” Change in job duties results in more […]
When can a worker with a compensable right-shoulder injury collect workers’ compensation for an injury to his left shoulder, which wasn’t suffered in a workplace incident? Answer: When the right-shoulder injury causes the injury to the left shoulder. This kind of injury is known as a “compensable consequence” of a work-related injury. The Arkansas Court […]
A worker who injured his back on the job can collect workers’ compensation benefits despite having a history of back problems, according to an appeals court. The Arkansas Court of Appeals found that the evidence supported the fact that the worker suffered a compensable back injury from a specific work-related incident that differentiated it from […]
An injured worker with pre-existing diabetes can collect workers’ compensation benefits after a work injury led to the amputation of his leg. The worker had been successfully coping with diabetes for 20 years until a workplace injury to his leg caused a gangrenous infection. Because the infection was caused by the work injury, the Louisiana […]
Occupational diseases that occur more than four years following an employee’s last exposure to the hazard causing the disease do not fall under the exclusivity mandate of the Workers’ Compensation Act. Because of that finding, the Commonwealth Court of Pennsylvania said that the estate of an employee who died from mesothelioma due to workplace exposure […]
A recent workers’ compensation case demonstrates just what the law means when it calls for the “objective symptoms of an injury.” The Missouri Court of Appeals upheld a lower court decision awarding benefits to a nurse with a back injury because the symptoms of her injury would have been apparent to individuals other than herself. […]
A worker with ongoing knee pain can continue to pursue workers’ compensation benefits since the evidence wasn’t clear on whether his condition was caused by a pre-existing condition or his work injury. The West Virginia Supreme Court of Appeals found that further review was necessary since multiple doctors couldn’t agree on whether the worker’s pain […]
Can a worker with a head injury get workers’ compensation benefits for conditions involving headaches, depression and anxiety that began after she was injured? The West Virginia Supreme Court of Appeals found that the worker was entitled to benefits since all of the medical evidence supported the fact that her headaches, depression and anxiety were […]
