A state court decided that a settlement agreement resolving a worker’s comp claim did not require an employer to pay for surgery that was recommended years after the work injury. The reason: The worker did not prove that the work-related injury created the need for the surgery. In October of 2019, Albert Worrell injured his […]
An employee who said work caused his hearing loss applied for workers’ compensation benefits. But unfortunately for him, he also provided testimony that cast doubt on the assertion that his hearing loss was caused by exposure to noise at work. In the end, a court determined that he was not entitled to collect workers’ compensation […]
If an injury happens at work, does the injured employee always get workers’ comp benefits? In New York, the law sets a presumption that the injury arose out of employment and that workers’ compensation benefits are available. But here’s the thing: That presumption doesn’t always apply; it’s not absolute. Instead, the presumption that an injury […]
A workers’ comp ruling from Ohio’s highest court reverses decades of precedent and shortens the period during which total temporary disability (TTD) benefits must be paid. This case involves Loretta Dillon, who suffered a work-related back injury near the start of April of 2019. The court’s decision described the injury as “strain muscle, fascia, tendon lumbar.” A […]
An appeals court in Illinois upheld a decision to award workers’ comp benefits to a traveling employee who was hurt before he got on the road to his first daily assignment. The question that the court answered in the employee’s favor: Did the injury arise out of and in the course of employment? Michael Iniquez worked for […]
Rhode Island is considering a bill that would allow workers injured through the willful misconduct of their employers to receive double the amount of workers’ compensation benefits. The bill, S 2689, would also allow injured workers to file lawsuits against an employer who doesn’t have required workers’ compensation insurance and whose willful misconduct caused an […]
A high school teacher can’t collect workers’ compensation benefits for respiratory issues she claimed to have developed while exposed to black mold in her classroom. The West Virginia Supreme Court affirmed a decision from the state’s Workers’ Compensation Commission denying the teacher’s claim. The commission had ruled that she failed to connect her condition to […]
Can a diabetic worker who stepped on a nail at work and then had to have his big toe amputated collect workers’ compensation? The short answer: Maybe, if the evidence proves that the amputation was related to the work incident. A New York appeals court overturned a lower court decision that denied the worker’s claim, […]
A worker who claimed that her chronic sinusitis was caused by workplace exposure to bacteria can’t collect workers’ compensation because there wasn’t enough medical evidence tying her illness to her job. The Supreme Court of Kentucky affirmed the state Workers’ Compensation Board’s decision to deny the worker’s claim because she failed to prove that her […]
