Workers’ Compensation Cases

Trial court's grant of summary judgment in favor of appellant's employer and the Administrator of the Bureau of Workers' Compensation on the basis of res judicata was improper where one of appellant's prior workers' compensation claims was vacated prior to adjudication and a question of fact exists…

Case in mandamus where self-insured employer is attempting to overturn the granting of permanent total disability compensation since the evidence before the Industral Commission fully supported the commission's order, the request for a writ is denied.

Trial court erred by granting directed verdict in favor of employer on claim for lumbar radiculitis. Although testimony from claimant's medical expert was equivocal on whether lumbar radiculitis was a pain symptom of another condition or an independent condition, it was not proper to weigh the…

The trial court did not err in concluding that Appellant, a traveling employee, was on a personal errand at the time of her injury and was not entitled to receive workers' compensation benefits. Affirmed.

Workers' Compensation N.C. Gen. Stat. Sec. 97-2(5) Fair and just results Method 3

Employer appeals jury verdict entitling worker to participate in workers' compensation fund. Trial court did not err or abuse its discretion in instructing jurors that they need not be certain of the date of the worker's injury, only that the worker proved by a preponderance of the evidence that he…

Workers' compensation-Appeal-R.C. 4123.512-Decision that preexisting condition substantially aggravated by workplace injury has returned to preinjury level is a decision regarding the extent of a claimant's disability and is not appealable-Court of appeals' judgment reversed.

It was within the fact-finding discretion of the Industrial Commission to reject relator-employer's affidavits and suggested inference, and to determine, on the facts of the case, that the perpetration of a fraud in receiving TTD compensation did not necessarily mean that the initial injury did not…

Workers' compensation coming-and-going rule totality of the circumstances. Trial court erred in awarding employer summary judgment by application of the coming-and-going rule where there were genuine issues of material fact as to whether accident arose out of and in the course of employee's…

Workers' Compensation —Personal Jurisdiction—Specific Jurisdiction. In this case, the Supreme Court considered whether Colorado has jurisdiction to award benefits for out-of-state work-related injuries and impose a statutory penalty on an employer under CRS § 8-41-204 when the employer is not a…

The trial court did not err by entering summary judgment for Appellee on Appellant's claim for workers' compensation benefits. Generally, the coming-and-going rule bars compensation of a fixed-situs employee for injuries which occur off the work premises. Neither the zone-of-employment exception or…

Summary judgment Civ.R. 56 workers' compensation R.C. 4123.01 arising out of employment causal connection idiopathic injury. In order to survive defendants-appellees' motion for summary judgment, plaintiff-appellant had the burden of producing evidence demonstrating that a condition, risk, or…

The trial court did not commit plain error in its use of diagnostic criteria and in finding that Appellants' doctors failed to perform any differential diagnoses in connection with Appellant's claim to add Complex Regional Pain Syndrome as a covered condition under Workers' Compensation.…

Workers' compensation R.C. 4123.512 de novo scope of review failure to object to absence of exhibits to notice of hearing and deposition transcripts constitutes waiver. A trial court's scope of review on appeal from a workers' compensation determination pursuant to R.C. 4123.512 is, unlike…