Can a worker diagnosed with silicosis collect workers’ compensation benefits if his employer required use of respiratory protection and took steps to eliminate exposure five years before the diagnosis? Oklahoma’s Court of Civil Appeals upheld a decision by the state’s workers’ compensation commission granting benefits because the worker proved that he continued to be exposed […]
Can a worker who was injured when he was struck by a tire collect workers’ compensation benefits for a permanent impairment even if he’s capable of working without any restrictions? The Superior Court of Delaware upheld a ruling of the state’s Industrial Accident Board, finding that the worker failed to establish that he suffered a […]
Can an injured worker collect workers’ compensation benefits if his back injury came about because his manager cracked his back for him following a double shift? The District Court of Appeal of Florida, First District overturned a judge’s ruling that granted benefits to the worker because there wasn’t enough evidence to support a work-related injury. […]
Were a worker’s severe respiratory issues caused by decades of exposure to automotive paint or non-occupational allergies? Can he collect workers’ compensation even if his doctors can’t decide? The Utah Court of Appeals upheld a decision from the state’s Labor Commission finding that the worker’s debilitating respiratory symptoms were caused by 30 years of exposure […]
Was an electrician who was injured by an electrical shock to his hand entitled to additional workers’ compensation benefits for a spine injury he claimed was caused by the same incident? The West Virginia Supreme Court upheld a decision by the state’s Office of Judges that the electrician could get benefits for the spinal injury […]
Can a long-haul truck driver get workers’ compensation benefits for an unexplained fall he suffered while walking outside of his employer’s facility? Arizona’s First Division Court of Appeals affirmed a lower court’s ruling that the trucker couldn’t collect benefits because he failed to prove his fall, which was caused by a pre-existing degenerative condition, was […]
Despite its advantages for both employees and employers, remote work has some drawbacks, including headaches when it comes to workers’ compensation claims. While there has been some employer pushback against it, work-from-home hasn’t disappeared and it’s not likely to ever completely go away. That means there’s still a likelihood that a remote worker could get […]
Can an injured worker who can’t lift more than 10 pounds, sit or stand for more than 20 minutes at a time, and has many more restrictions collect permanent total disability compensation? The Ohio Supreme Court ruled that she could not, finding that the worker was capable of performing sedentary work as defined under state […]
Can a bus driver collect workers’ compensation benefits for a wrist condition she blames on overuse from her job if there’s no expert medical opinion to back up her claim? In this case the answer is no, according to the Montana Workers’ Compensation Court, finding that without expert medical opinion there wasn’t enough evidence to […]
