Multiple Chemical Sensitivity not proven causally related to job injury, existence of somatoform disorder not established, Petitioner suffered only temporary aggravation, reached MMI, TTD denied… Shea. [Read more…]
Comp exclusivity, hand amputated in grain auger
COMP EXCLUSIVITY: No evidence from which a jury could infer that employer intended to cause amputation of employee’s hand in grain auger when he activated switch as the employee was clearing the auger… constitutional challenge rejected… Curtis. [Read more…]
Work comp, truck driver arthritis OD, 2009 WCA
WORK COMP: Truck driver’s duties, compared to all other contributing causes, were leading cause of worsening of osteoarthritis leading to inability to drive, OD compensable under 2009 WCA… Shea affirmed. [Read more…]
Asbestosis statute of limitations
Summary judgment on asbestosis claim precluded by statute of limitations fact issues… Shea. [Read more…]
Work comp, Flynn Order “paid in full”
WORK COMP: Flynn Order “paid in full” properly applies Dempsey retroactivity principles… Shea affirmed. [Read more…]
Asbestosis petition timeliness
Asbestosis petition more than 2 years after denial of benefits untimely… no equitable estoppel by further investigation [Read more…]
OD TTD/medicals, arthritis aggravation
Claimant met burden as to general questions framed as to whether he suffered OD arising out of work and whether he was [Read more…]
Arthritic aggravation, “leading cause”
Aggravation of arthritic condition compensable even though §39-71-407(2)(a) specifically refers only to “injury” rather than OD, [Read more…]
Average weekly wage, seasonal logger
Seasonal logger’s average weekly wage correctly calculated using 1-year period… Shea. [Read more…]
Employee of mill v. subsidiary powerhouse
Petitioner was employee of mill even though he worked in subsidiary’s powerhouse, mill properly identified as employer [Read more…]