Armstrong v. State, an appeal from the Supreme Court of Nebraska, involved claimant who injured herself while working as a staff nurse at a veteran’s hospital. Both claimant and her employer stipulated (formally agreed) she tore a hole in the rotator cuff of her right shoulder to a severity entitling…
Millions of Americans deal with carpal tunnel syndrome (CTS) on a regular basis. CTS is a type of repetitive stress injury (RSI) often caused by making repetitive movements such as working at a computer all day or working in a factory. It can also be caused by working in a…
L & L Enterprises v. Arellano, an appeal from the Supreme Court of Wyoming, involved claimant who was injured on the job. After submitting a workers’ compensation claim, it was determined he was an undocumented worker and, trial court ruled, not entitled to benefits. His application for workers’ compensation was…
Nealy v. City of Santa Monica, an appeal from the Court of Appeal for the State of California, involved a recycling worker who was injured on the job. Claimant injured his right knee while he was moving a bin full of food waste in 2003. A treating physician determined he…
Central Flying Serv. Inc. v. Circuit Court, an appeal from the Supreme Court of Arkansas, involved claimant who was killed in a plane crash. Claimant was a licensed pilot employed by an airline. He was to fly from Little Rock, Arkansas to Monroe, Louisiana, pick up passengers, and fly them…
One of the cornerstones of Massachusetts workers’ compensation law is that in order to be compensable, an injury or condition must arise out of and in the course of one’s employment. That means there must be some causal link between one’s work and injuries. Courts have generally held that idiopathic…
In Massachusetts, workers’ compensation is considered the exclusive remedy against employers (and their agents) by a worker who is injured on-the-job. There are a few rare exceptions that involve intentional injuries resulting from willful and serious misconduct. In those instances, there is a doubling of benefits. However, approval of an…
The concept of workers’ compensation benefits is most often associated with work-related injuries. But occupational illness are equally as pervasive and can be just as serious. The Centers for Disease Control and Prevention estimates between 26,000 and 72,000 deaths occur annually in the U.S. as the result of occupational diseases.…
According to a recent report from NY1, an elevator mechanic fell to his death while on the job. He was working in a luxury tower building on the Upper West Side in New York at the time of fatal workplace accident. One resident interviewed couldn’t believe what happened as she…
There is a lot of work that goes into setting up a major event like the Super Bowl and that means a lot of workers are on hand. With such a large production, it is an unfortunate reality that some of those workers will be injured. Tragically, it is being…