NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL"

Transcription

1 NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL Appellant: [X] (Employer) Participants entitled to respond to this appeal: [X] (Worker) and The Workers Compensation Board of Nova Scotia (Board) APPEAL DECISION Representatives: Form of Appeal: WCB Claim No.: [X] Oral hearing on May 18, 2011 at Port Hawkesbury, Nova Scotia [X] Date of Decision: May 31, 2011 Decision: The Employer s appeal of the October 29, 2008 Board Hearing Officer decision is denied, according to the reasons of Appeal Commissioner Gary H. Levine.

2 2 CLAIM HISTORY AND APPEAL PROCEEDINGS: This decision is made pursuant to the Workers Compensation Act, S.N.S , c. 10, as amended, (the Act ). It concerns an appeal by the Employer* from an October 29, 2008 Board Hearing Officer decision. The Worker* suffered a workplace back injury on March 27, The Hearing Officer determined that the Worker s current lower back problems were causally related to the March 2006 injury. As a result, the Board awarded her benefits. However, the Employer asserts that the Hearing Officer s finding was incorrect. This matter was heard in conjunction with two appeals by the Worker arising out of the same injury (i.e., WCAT # AD and AD). I conducted a single oral hearing for all three appeals, but issued this separate decision for the Employer s appeal. The Worker and the Administrator of the Employer s nursing home facility testified at the hearing. Representatives for the Employer and the Worker provided oral submissions and documentary evidence. In advance of her testimony, the Worker submitted a written narrative which she read into the record. I also considered the contents of the Worker s Board file, authorities cited and the decision under appeal. I will only refer to a portion of the relevant evidence and submissions below. ISSUE AND OUTCOME: Were the Worker s back problems beyond May 8, 2006 causally related to her March 27, 2006 workplace injury? Yes. There is sufficient evidence to find that the Worker s lower back symptoms from May 8, 2006 to the present were, at least in part, causally related to her March 27, 2006 workplace injury. ANALYSIS: Burden of Proof, Evidence and Causation: My decision must be based upon the real merits and justice of the case and in accordance with the Act. As in all appeals involving compensation for workers, I must view the evidence before me in light of s. 187 of the Act. The Worker is entitled to the benefit of the *This decision contains personal information and may be published. For this reason, I have not referred to the participants or witnesses by name.

3 3 doubt on any issue involving compensation. Where there is doubt on a compensation issue and the disputed possibilities are evenly balanced, the issue must be resolved in the Worker s favour. Any participant disputing an inference raised by the Worker is required to meet a greater burden of proof, the balance of probabilities standard generally required in civil cases. Whether an inference is reasonable depends upon the circumstances of each case. Expert opinion evidence is often of great assistance in determining medical and other issues. However, I am mindful that expert evidence is not necessary to such a determination, nor is expert evidence always conclusive. The causal relationship between the Worker s current lower back problems and her compensable injury is in question. Although a causal connection linking a current condition to a workplace injury must be shown, the Worker is not required to prove causation to a scientific certainty. I may use common sense to infer a causal relationship where appropriate. The necessary causal link may be found where it is shown that a worker s condition would not have occurred or arisen but for his or her workplace injury. If the but for test is unworkable, a required causal link may be found where a compensable injury is a material contributing factor to a condition; i.e., the injury contributed more than an insignificant or trifling amount. Medical History and Accident: The Worker s medical history includes a serious motor vehicle accident (MVA) when she was 15 years of age. According to a September 4, 2007 letter from Dr. M. Murphy, family physician, the Worker was a passenger with her seat belt on when the car she was riding in flipped over. The muscles around her right scapula (shoulder blade) have been sore, off and on, ever since that time. However, the Worker testified that she was not restricted in her activities, nor did she miss time from work due to the MVA. The Worker is a licensed practical nurse (LPN). According to her testimony, she was hired by the Employer to work at its nursing home on December 7, She started on a casual basis and was changed to a permanent part time employee in March There is no dispute that the Worker sustained a back injury at work on March 27, The injury occurred as she and a co worker transferred a resident from a bed to a chair. According to a WCB Accident Report received by the Board on April 4, 2006, the Worker felt a pull in her lower back which increased in intensity over the next 24 hours. The Worker stated at the hearing that she had no prior or subsequent back injuries in this area of her spine. On the Monday following the incident, she went off work due to pain and other symptoms. Dr. Y. Nault, a family physician, saw the Worker on April 3, 2006 and was of the opinion

4 4 that she was unable to work. In a Physician s Report to the Board for the visit, Dr. Nault noted that the Worker had a reduced range of motion in her lumbar spine and muscle spasms. The Worker complained of severe lower back pain and pain radiating into the right shoulder. The doctor reported that she was not aware of any similar past problems the Worker may have had. Dr. Nault referred the Worker to a physiotherapist. A report from a physiotherapist for a visit on April 3, 2006 is on file. The report notes very limited lumbar ranges and Very Acute! The Worker received 11 physiotherapy treatments and was discharged on May 5, 2006 with clearance to return to her pre injury work on May 8, Nonetheless, the Worker testified that she continued to experience lower back, buttock and right leg pain with muscle spasms, particularly with sitting and increased activity. Documentation on file indicates that she returned to work on May 8, The Employer subsequently advised the Board that the Worker completed six assigned shifts, took one unpaid sick day and resigned her position on May 23, At the end of May 2006, the Worker moved to another city and obtained similar employment with a different employer. The Worker explained that she moved in order to maintain a relationship. Therefore, her lower back problems were not a consideration in leaving her job with the Employer. On July 12, 2006, the Worker went to a hospital emergency room complaining of low abdominal and back pain. She described the painful areas at the hearing and indicated that they were the same areas on her right side that were painful after the March accident. The Worker became pregnant in August On November 15, 2006, she was seen in a hospital emergency department for back pain. The report for the November visit noted that the same problem occurred in October. She testified that she was also seen a few times at walk in clinics for back pain, but records for these visits were not available to her. The Board file contains chart notes from Dr. S. Couture, a family physician. A chart note for December 6, 2006 indicates that the Worker was having difficulty with back pain radiating down her right leg. A December 8, 2006 note indicates that the Worker reported having severe back pain in her lower back, numbness and the sensation of a lump in her lower back down into her leg. She was apparently unable to work due to pain. The note goes on to describe severe pain on palpation at the L4 & S1 levels of the Worker s lumbar spine, a mobile cyst near the sacral area and pain in the lower back with single leg raising. The physician thought the symptoms probably indicated a sciatica problem due to her workload and pregnancy. MSI records from December 2006 to May 2007 indicate that the Worker was seen by her

5 5 obstetrician on a number of occasions for a high risk pregnancy and unspecified complications. She went off on maternity leave on March 18, 2007 and has never returned to work. On May 24, 2007, she delivered her baby. According to chart notes from Dr. Murphy, the Worker had low back pain on June 11, A September 28, 2007 MRI of the Worker s thoracic spine showed a disc herniation at the T12 L1 disc space level. In a Physician s Report to the Board for an October 3, 2007 visit, Dr. Murphy indicated that the Worker had lower back pain and nausea. On October 11, 2007, in light of the disc herniation and the Worker s symptoms, Dr. Murphy referred the Worker for an urgent appointment to see Dr. D. Alexander, an orthopaedic surgeon. In the referral letter, Dr. Murphy noted the Worker s MVA at age 15. Dr. Alexander saw the Worker on November 5, Although the T12 L1 disc herniation was considered rather impressive, Dr. Alexander was reluctant to recommend surgery because the herniation was in a difficult location. Dr. W. Oxner, orthopaedic surgeon, saw the Worker on February 4, 2008 at Dr. Alexander s request. Dr. Oxner reported, in part, as follows: I saw this 29 year old patient of yours with regard to her low back dysfunction. As you know, she has been complaining of pain; both in her low, as well as in her upper back, radiating into her shoulders. It seems to have started with a work related injury; which I believe occurred back in March, Subsequent to that, she has been back to work and in fact, reports that since December, 2006, things have been quite bad. Despite this, she has gone on to have a baby... The Worker informed Dr. Oxner that she had a heavy feeling in her right leg, her balance was off, she often dragged her right leg and she experienced constant burning pain in her leg, lower and upper back. She also had some urgency of urination. Dr. Oxner thought the Worker s symptoms had worsened since the MRI scan, but the T12 L1 herniation could not account for all her symptoms. (As an aside, Dr. Oxner s opinion seems to be consistent with the view expressed by Dr. Smith, Board Medical Advisor; i.e., that the thoracic disc herniation was unrelated to the Worker s lower back symptoms.) Dr. Oxner requested a second MRI. This was done on March 3, The reporting radiologist for the MRI noted a second disc bulge/herniation with an associated annular tear at the L4/5 level of the Worker s lumbar spine. A report for an MRI done on April 24, 2008 and reports for subsequent MRIs indicated similar findings.

6 6 On March 14, 2008, the Worker was seen by a neurologist, Dr. Y. Chakfe. It was Dr. Chakfe s impression that the Worker s symptoms were related to a right sided lumbosacral radiculopathy, probably involving the L5 nerve root. In April 2008, Dr. Alexander reviewed the Worker s circumstances. He did not feel there would be a good result from an operation and recommended against surgery. A Board Case Manager wrote Dr. Alexander to request his opinion concerning the cause of the Worker s symptoms. On April 2, 2008, Dr. Alexander responded as follows: On a review of her history it seems she originally hurt her back in March She had ongoing symptoms to this date. Therefore I think that this lady has issues related to her initial injury in March 2006 and that this might reasonably be considered a compensable injury. [emphasis added] The Case Manager again wrote Dr. Alexander to advise him that there was a lack of medical visits by the Worker for her back between May of 2006 and December Nonetheless, Dr. Alexander confirmed his previous opinion. He wrote, I would have to say in the absence of other reported injuries it would be my opinion that the situation she is in now could be related to the work related injury of March The Worker was seen by other specialists, including two neurosurgeons, Dr. H. G. Malik and Dr. D. McNeely. Both reviewed MRI findings. Dr. Malik reported on June 26, 2008 that he thought the Worker s symptoms arose from the disc protrusion at the L4 5 level and were unlikely to resolve without surgery. Dr. McNeely, on the other hand, did not recommend surgery and felt that many of the Worker s symptoms would be best described as mechanical low back pain. I also have the benefit of a medical legal report prepared by Dr. M. Burnstein, a general practice physician with an interest in occupational and environmental medicine. Dr. Burnstein did not examine the Worker, but he reviewed much of the medical evidence. At the conclusion of his report, he wrote, in part, as follows:... Dr. Alexander appears to unaware [sic] of the MVA 15 years earlier or the fact that she had ongoing upper back complaints which predate the March 2006 injury. I would suggest that this previous accident provides a much better explanation of the symptoms which she presented to Dr. Alexander... than the low back injury which occurred in March I would also suggest that the MRI findings, which are poorly correlated to her clinical presentation, are incidental findings and if anything, given their stability over 3 MRIs in a two year period, more likely reflect her previous MVA than the more recent workplace low back injury, which by most

7 accounts, resolved quickly allowing a return to unrestricted work. Causal Connection Found: 7 Upon consideration of the entirety of the evidence, I find that the Worker s current lower back problems are, at least in part, causally related to her March 27, 2006 compensable injury. I will briefly outline the reasons in support of my finding. First, I prefer Dr. Alexander s opinion evidence and give it greater weight than I give Dr. Burnstein s evidence where they may conflict. Dr. Alexander is a treating orthopaedic specialist who examined the Worker and rendered an opinion within the scope of his expertise; whereas Dr. Burnstein did not examine the Worker and lacks Dr. Alexander s level of expertise concerning spinal injuries and conditions. In addition, Dr. Burnstein mistakenly thought Dr. Alexander was unaware of the Worker s MVA at age 15. However, Dr. Alexander was informed of this accident by Dr. Murphy in her October 11, 2007 referral letter. Therefore, it appears likely that Dr. Alexander considered and rejected a possible connection between the Worker s lower back symptoms and the MVA. The opinions from Dr. Oxner, Dr. Malik, Dr. Chakfe and Dr. Smith support Dr. Alexander s view that the Worker s symptoms are attributable to changes in her lumbar spine at the L4 L5 level, not the T12 L1 disc herniation. Dr. McNeely also seemed to be of this opinion even though he differed from Dr. Malik in that he did not feel surgery would benefit the Worker. Therefore, Dr. Burnstein was virtually alone in his opinion that the Worker s upper back injury accounted for her current symptoms. Considering the lack of clear medical evidence prior to the second MRI, it is understandable that treating physicians considered whether the T12 L1 disc herniation or the Worker s pregnancy were principally responsible for the Worker s symptoms. This changed when the second MRI was done and a lower lumbar disc herniation was revealed. It is important to note that the Worker was able to perform her nursing duties with the Employer from December 2001 to the date of her injury in March She testified, and I accept, that she had no other lower back injury. Although she was able to return to work in May 2006, she reported having lower back pain (among other symptoms) in July This was before she became pregnant. It appears that she made further medical visits for lower back pain during her pregnancy. In fact, back pain was one of the reasons she was put off work in December 2006 and continued off work on maternity leave in March Following the delivery of her child, her back pain did not resolve. Given the MRI findings and the Worker s history of lower back problems commencing from

8 8 the date of her compensable injury, it is reasonable to relate her current symptoms to it. Therefore, I accept Dr. Alexander s opinion that the Worker s lower back problems are causally related to her compensable injury. It follows that the Employer s appeal should be denied. CONCLUSION: The Employer s appeal is denied. There is sufficient evidence to find that the Worker s lower back symptoms after May 8, 2006 to the present are, at least in part, causally related to her March 27, 2006 workplace injury. DATED AT HALIFAX, NOVA SCOTIA, this 31 st day of May, Gary H. Levine Appeal Commissioner

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL Appellant: [*] (Worker) Participants entitled to respond to this appeal: J. W. Lindsay Enterprises Limited (Employer) and The Workers Compensation Board

More information

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL Appellant: [X] (Worker) Participants entitled to respond to this appeal: N/A (Employer) and The Workers Compensation Board of Nova Scotia (Board) APPEAL

More information

WORKERS COMPENSATION BOARD APPEAL TRIBUNAL. [Personal information] CASE I.D. #[personal information]

WORKERS COMPENSATION BOARD APPEAL TRIBUNAL. [Personal information] CASE I.D. #[personal information] WORKERS COMPENSATION BOARD APPEAL TRIBUNAL BETWEEN: [personal information] CASE I.D. #[personal information] PLAINTIFF AND: WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND DEFENDANT DECISION #41 [Personal

More information

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL Appellant: [X] (Worker) Participants entitled to respond to this appeal: The Workers Compensation Board of Nova Scotia (Board) APPEAL DECISION Representatives:

More information

REVIEW DECISION. Review Reference #: R0103014 Board Decision under Review: March 3, 2009

REVIEW DECISION. Review Reference #: R0103014 Board Decision under Review: March 3, 2009 REVIEW DECISION Re: Review Reference #: R0103014 Board Decision under Review: March 3, 2009 Date: Review Officer: Lyall Zucko The worker requests a review of the decision of WorkSafeBC (the Board) dated

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1708/15

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1708/15 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1708/15 BEFORE: E. Kosmidis : Vice-Chair E. Tracey : Member Representative of Employers C. Salama : Member Representative of Workers HEARING:

More information

WORKERS COMPENSATION APPEAL TRIBUNAL [PERSONAL INFORMATION] CASE ID #[PERSONAL INFORMATION] WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND

WORKERS COMPENSATION APPEAL TRIBUNAL [PERSONAL INFORMATION] CASE ID #[PERSONAL INFORMATION] WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND WORKERS COMPENSATION APPEAL TRIBUNAL BETWEEN: [PERSONAL INFORMATION] CASE ID #[PERSONAL INFORMATION] APPELLANT AND: WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND RESPONDENT DECISION #194 Appellant

More information

SUMMARY DECISION NO. 1007/99. Accident (occurrence).

SUMMARY DECISION NO. 1007/99. Accident (occurrence). SUMMARY DECISION NO. 1007/99 Accident (occurrence). The worker appealed a decision of the Appeals Resolution Officer denying entitlement for low back disability. The worker experienced the onset of back

More information

SUMMARY DECISION NO. 143/97. Suitable employment.

SUMMARY DECISION NO. 143/97. Suitable employment. SUMMARY DECISION NO. 143/97 Suitable employment. The worker slipped and fell in January 1992, injuring her low back and hip. She was awarded a 28% NEL award for her low back condition. The worker appealed

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1119/09

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1119/09 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1119/09 BEFORE: T. Mitchinson: Vice-Chair HEARING: June 3, 2009 at Sudbury Oral DATE OF DECISION: June 8, 2009 NEUTRAL CITATION: 2009 ONWSIAT

More information

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL Appellant: [X] (Worker) Participants entitled to respond to this appeal: [X] (Employer) and The Workers Compensation Board of Nova Scotia (Board) APPEAL

More information

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL Appellant: [X] (Worker) Participant entitled to respond to this appeal: The Workers Compensation Board of Nova Scotia (Board) APPEAL DECISION Representative:

More information

Noteworthy Decision Summary. Decision: WCAT-2003-01952 Panel: D. Dukelow Decision Date: August 11, 2003

Noteworthy Decision Summary. Decision: WCAT-2003-01952 Panel: D. Dukelow Decision Date: August 11, 2003 Noteworthy Decision Summary Decision: WCAT-2003-01952 Panel: D. Dukelow Decision Date: August 11, 2003 Re-opening Previous Decision Sections 96(2) and 240(2) of the Workers Compensation Act Item #102.01

More information

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL Appellant: [X] (Worker) Participants entitled to respond to this appeal: [X] (Employer) and Workers Compensation Board of Nova Scotia (Board) APPEAL DECISION

More information

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NUMBER F205928 DOUGLAS EUGENE WHIPKEY, EMPLOYEE CLAIMANT XPRESS BOATS, EMPLOYER RESPONDENT

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NUMBER F205928 DOUGLAS EUGENE WHIPKEY, EMPLOYEE CLAIMANT XPRESS BOATS, EMPLOYER RESPONDENT BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NUMBER F205928 DOUGLAS EUGENE WHIPKEY, EMPLOYEE CLAIMANT XPRESS BOATS, EMPLOYER RESPONDENT CONTINENTAL CASUALTY CO., INSURANCE CARRIER RESPONDENT

More information

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL. Participant entitled to Workers Compensation Board of Nova Scotia (Board)

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL. Participant entitled to Workers Compensation Board of Nova Scotia (Board) WCAT # 2009-623-AD-RTH NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL Appellant: [X] (Worker) Participant entitled to respond to the appeal: Workers Compensation Board of Nova Scotia (Board) APPEAL

More information

FD: FD: DT:D DN:301 STY: PANEL:Catton; Lankin; Jago DDATE: TYPE:A ACT: DECON: CCON: SCON: BDG: REGS: PDCON: DIST: KEYW:accident; disablement;

FD: FD: DT:D DN:301 STY: PANEL:Catton; Lankin; Jago DDATE: TYPE:A ACT: DECON: CCON: SCON: BDG: REGS: PDCON: DIST: KEYW:accident; disablement; FD: FD: DT:D DN:301 STY: PANEL:Catton; Lankin; Jago DDATE:250587 TYPE:A ACT: DECON: CCON: SCON: BDG: REGS: PDCON: DIST: KEYW:accident; disablement; significant contribution; aggravation; pre-existing condition

More information

CITATION: Danny Weston AND Q-COMP (WC/2012/35) - Decision QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION: Danny Weston AND Q-COMP (WC/2012/35) - Decision <http://www.qirc.qld.gov.au> QUEENSLAND INDUSTRIAL RELATIONS COMMISSION CITATION: Danny Weston AND Q-COMP (WC/2012/35) - Decision QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Workers Compensation and Rehabilitation Act 2003 - s. 550 - procedure for

More information

WORKERS COMPENSATION APPEAL TRIBUNAL. EMPLOYER CASE ID #[personal information] WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND WORKER DECISION #114

WORKERS COMPENSATION APPEAL TRIBUNAL. EMPLOYER CASE ID #[personal information] WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND WORKER DECISION #114 WORKERS COMPENSATION APPEAL TRIBUNAL BETWEEN: EMPLOYER CASE ID #[personal information] AND: APPELLANT WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND RESPONDENT AND: WORKER EMPLOYEE DECISION #114 Appellant

More information

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. F608015. AMANDA VOLKMANN, Employee. SONIC DRIVE-IN, Employer

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. F608015. AMANDA VOLKMANN, Employee. SONIC DRIVE-IN, Employer BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. F608015 AMANDA VOLKMANN, Employee SONIC DRIVE-IN, Employer FARMERS INSURANCE EXCHANGE, Carrier CLAIMANT RESPONDENT RESPONDENT OPINION FILED

More information

The Worker sought compensation under the new Chronic Pain Regulations. This led to the following two decisions:

The Worker sought compensation under the new Chronic Pain Regulations. This led to the following two decisions: CLAIM HISTORY AND APPEAL PROCEEDINGS: On August 30, 1983, the Worker* injured his lower back while lifting an arch rail. The Board accepted his claim and provided him with 22 weeks of temporary benefits

More information

Employees Compensation Appeals Board

Employees Compensation Appeals Board U. S. DEPARTMENT OF LABOR Employees Compensation Appeals Board In the Matter of BRENDA K. ANDREWS and U.S. POSTAL SERVICE, POST OFFICE, Chillicothe, OH Docket No. 03-780; Submitted on the Record; Issued

More information

DECISION NUMBER 749 / 94 SUMMARY

DECISION NUMBER 749 / 94 SUMMARY DECISION NUMBER 749 / 94 SUMMARY The worker suffered a whiplash injury in a compensable motor vehicle accident in May 1991. The worker appealed a decision of the Hearings Officer denying entitlement when

More information

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL Appellant: [*] (Worker) Participants entitled to respond to this appeal: Otis Canada Inc. (Employer) and The Workers Compensation Board of Nova Scotia

More information

L. R. v. Fletcher Allen Health Care (January 4, 2007) STATE OF VERMONT DEPARTMENT OF LABOR

L. R. v. Fletcher Allen Health Care (January 4, 2007) STATE OF VERMONT DEPARTMENT OF LABOR L. R. v. Fletcher Allen Health Care (January 4, 2007) STATE OF VERMONT DEPARTMENT OF LABOR L. R. Opinion No. 57-06WC By: Margaret A. Mangan v. Hearing Officer Fletcher Allen Health Care For: Patricia Moulton

More information

SUMMARY DECISION NO. 1162/97. Aggravation (preexisting condition) (osteoarthritis) (knee).

SUMMARY DECISION NO. 1162/97. Aggravation (preexisting condition) (osteoarthritis) (knee). SUMMARY DECISION NO. 1162/97 Aggravation (preexisting condition) (osteoarthritis) (knee). The worker suffered left knee injuries in 1976, 1980 and 1987. The worker appealed a decision of the Appeals Officer

More information

[Cite as State ex rel. Tracy v. Indus. Comm., 121 Ohio St.3d 477, 2009-Ohio-1386.]

[Cite as State ex rel. Tracy v. Indus. Comm., 121 Ohio St.3d 477, 2009-Ohio-1386.] [Cite as State ex rel. Tracy v. Indus. Comm., 121 Ohio St.3d 477, 2009-Ohio-1386.] THE STATE EX REL. TRACY, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO; AUTOZONE, INC., APPELLANT. [Cite as State ex rel.

More information

FD: ACN=1004 ACC=R FD: DT:D DN: 609/87 STY:PANEL: Thomas; Robillard; Jago DDATE:23/07/87 ACT: 40(3) [old 41(2)], 40(2)(b) [old 41(1)(b)] KEYW:

FD: ACN=1004 ACC=R FD: DT:D DN: 609/87 STY:PANEL: Thomas; Robillard; Jago DDATE:23/07/87 ACT: 40(3) [old 41(2)], 40(2)(b) [old 41(1)(b)] KEYW: FD: ACN=1004 ACC=R FD: DT:D DN: 609/87 STY:PANEL: Thomas; Robillard; Jago DDATE:23/07/87 ACT: 40(3) [old 41(2)], 40(2)(b) [old 41(1)(b)] KEYW: Temporary partial disability (level of benefits); Availability

More information

John Coronis v. Granger Northern Inc. (April 27, 2010) STATE OF VERMONT DEPARTMENT OF LABOR

John Coronis v. Granger Northern Inc. (April 27, 2010) STATE OF VERMONT DEPARTMENT OF LABOR John Coronis v. Granger Northern Inc. (April 27, 2010) STATE OF VERMONT DEPARTMENT OF LABOR John Coronis Opinion No. 16-10WC v. By: Sal Spinosa, Esq. Hearing Officer Granger Northern, Inc. ATTORNEYS: For:

More information

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION DONALD BRYAN SMITHHISLER Claimant VS. LIFE CARE CENTERS AMERICA, INC. Respondent Docket No. 1,014,349 AND OLD REPUBLIC INSURANCE

More information

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL Appellant: [*] (Worker) Participants entitled to respond to this appeal: Sherman Wilson (Employer) and The Workers Compensation Board of Nova Scotia (Board)

More information

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL Appellant: [X] (Worker) Participants entitled to respond to this appeal: [X] (Employer) and The Workers Compensation Board of Nova Scotia (Board) APPEAL

More information

IMPORTANT NOTICE NOT TO BE PUBLISHED OPINION

IMPORTANT NOTICE NOT TO BE PUBLISHED OPINION IMPORTANT NOTICE NOT TO BE PUBLISHED OPINION THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28(4)(C), THIS OPINION IS

More information

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL Appellant: [X] (Worker) Participant entitled to respond to this appeal: The Workers Compensation Board of Nova Scotia (Board) APPEAL DECISION Representative:

More information

Noteworthy Decision Summary. Decision: WCAT 2003-04102 Panel: Randy Lane Decision Date: December 11, 2003

Noteworthy Decision Summary. Decision: WCAT 2003-04102 Panel: Randy Lane Decision Date: December 11, 2003 Noteworthy Decision Summary Decision: WCAT 2003-04102 Panel: Randy Lane Decision Date: December 11, 2003 Termination of wage-loss benefits When is a worker s condition stabilized Applying policy item #34.54

More information

Is the Worker entitled to medical aid in the form of blood pressure or cholesterol medication?

Is the Worker entitled to medical aid in the form of blood pressure or cholesterol medication? 1 CLAIM HISTORY AND APPEAL PROCEEDINGS: The Worker suffered workplace back injuries in 1981, 1982 and 1984. A discectomy was performed in 1986, and a two-level fusion and nerve root decompression was performed

More information

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL CASE NO. 18 Z 600 08077 03 2 A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS In the Matter of the Arbitration between (Claimant) AAA CASE NO.: 18 Z 600 08077 03 v.

More information

Employees Compensation Appeals Board

Employees Compensation Appeals Board U. S. DEPARTMENT OF LABOR Employees Compensation Appeals Board In the Matter of DEBORAH R. EVANS and U.S. POSTAL SERVICE, POST OFFICE, Orlando, FL Docket No. 02-1888; Submitted on the Record; Issued December

More information

S T A T E O F M I C H I G A N WORKERS' COMPENSATION APPELLATE COMMISSION

S T A T E O F M I C H I G A N WORKERS' COMPENSATION APPELLATE COMMISSION 1997 OPINION # 219 S T A T E O F M I C H I G A N WORKERS' COMPENSATION APPELLATE COMMISSION SUSAN BARTKIW, PLAINTIFF, V DOCKET # 94-0825 CITY OF DETROIT POLICE DEPARTMENT, SELF-INSURED, DEFENDANT. APPEAL

More information

United States Department of Labor Employees Compensation Appeals Board DECISION AND ORDER

United States Department of Labor Employees Compensation Appeals Board DECISION AND ORDER United States Department of Labor V.L., Appellant and DEPARTMENT OF JUSTICE, U.S. PROBATION DEPARTMENT, New York City, NY, Employer Appearances: Alan J. Shapiro, Esq., for the appellant Office of Solicitor,

More information

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION MARY JANE WAGGONER ) Claimant ) VS. ) ) Docket No. 1,001,815 THE BOEING COMPANY ) Respondent ) AND ) ) INSURANCE COMPANY ) STATE

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2115/14

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2115/14 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2115/14 BEFORE: C. M. MacAdam : Vice-Chair S. T. Sahay : Member Representative of Employers K. Hoskin : Member Representative of Workers HEARING:

More information

S T A T E O F M I C H I G A N WORKERS COMPENSATION APPELLATE COMMISSION

S T A T E O F M I C H I G A N WORKERS COMPENSATION APPELLATE COMMISSION 2009 ACO # 155 S T A T E O F M I C H I G A N WORKERS COMPENSATION APPELLATE COMMISSION MARK T. VALESANO, PLAINTIFF, V DOCKET #09-0001 IRON COUNTY, MICHIGAN COUNTIES WORKERS COMPENSATION, AND ACCIDENT FUND

More information

SOUTH DAKOTA DEPARTMENT OF LABOR DIVISION OF LABOR AND MANAGEMENT WORKERS COMPENSATION. CALVIN BOSWORTH, HF No. 173, 2008/09

SOUTH DAKOTA DEPARTMENT OF LABOR DIVISION OF LABOR AND MANAGEMENT WORKERS COMPENSATION. CALVIN BOSWORTH, HF No. 173, 2008/09 SOUTH DAKOTA DEPARTMENT OF LABOR DIVISION OF LABOR AND MANAGEMENT WORKERS COMPENSATION CALVIN BOSWORTH, HF No. 173, 2008/09 Claimant, v. DECISION P.I.E INC., and CONTINENTAL WESTERN INSURANCE COMPANY v.

More information

SOUTH DAKOTA DEPARTMENT OF LABOR DIVISION OF LABOR AND MANAGEMENT. MARK DENNIS MCQUAY HF No. 137, 2004/05

SOUTH DAKOTA DEPARTMENT OF LABOR DIVISION OF LABOR AND MANAGEMENT. MARK DENNIS MCQUAY HF No. 137, 2004/05 SOUTH DAKOTA DEPARTMENT OF LABOR DIVISION OF LABOR AND MANAGEMENT MARK DENNIS MCQUAY HF No. 137, 2004/05 Claimant, v. DECISION FISCHER FURNITURE, and ACUITY, Employer, Insurer. This is a workers compensation

More information

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION RONALD L. MARTENS Claimant VS. BRULEZ FOUNDATION, INC. Respondent Docket No. 1,019,265 AND COMMERCE & INDUSTRY INS. CO. Insurance

More information

S T A T E O F M I C H I G A N WORKERS COMPENSATION APPELLATE COMMISSION V DOCKET #96-0235

S T A T E O F M I C H I G A N WORKERS COMPENSATION APPELLATE COMMISSION V DOCKET #96-0235 JEFFREY P. GUERRIERO, PLAINTIFF, 1998 OPINION #301 S T A T E O F M I C H I G A N WORKERS COMPENSATION APPELLATE COMMISSION V DOCKET #96-0235 CENTURY MACHINE INC AND SAFECO INSURANCE COMPANY, DEFENDANTS.

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA James Conace, : Petitioner : : v. : : Workers Compensation Appeal : Board (Armen Cadillac, Inc.), : Nos. 346 & 347 C.D. 2014 Respondent : Submitted: September

More information

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS COMPENSATION COURT APPELLATE DIVISION ROBERT BUELL ) ) VS. ) W.C.C. 03-00724 ) COCA-COLA ENTERPRISES ) DECISION OF THE APPELLATE

More information

NO. COA11-780 NORTH CAROLINA COURT OF APPEALS. Filed: 6 March 2012

NO. COA11-780 NORTH CAROLINA COURT OF APPEALS. Filed: 6 March 2012 NO. COA11-780 NORTH CAROLINA COURT OF APPEALS Filed: 6 March 2012 TIMOTHY ROSE, Employee, Plaintiff, v. North Carolina Industrial Commission I.C. No. 898062 N.C. DEPARTMENT OF CORRECTION, Employer, SELF-INSURED

More information

Ontario ~ Commission des. Ontano OFFICE OF THE DIRECTOR OF ARBITRATIONS PAULO PINTO. and

Ontario ~ Commission des. Ontano OFFICE OF THE DIRECTOR OF ARBITRATIONS PAULO PINTO. and Ontario ~ Commission des Insurance assurances de Commission I Ontario Ontano OFFICE OF THE DIRECTOR OF ARBITRATIONS Appeal P97-00031 PAULO PINTO Appellant/Respondent and GENERAL ACCIDENT ASSURANCE CO.

More information

WORKCOVER DIVISION Case No.C12401789 --- S GARNETT MELBOURNE REASONS FOR DECISION ---

WORKCOVER DIVISION Case No.C12401789 --- S GARNETT MELBOURNE REASONS FOR DECISION --- !Undefined Bookmark, I IN THE MAGISTRATES COURT OF VICTORIA AT MELBOURNE WORKCOVER DIVISION Case No.C12401789 ZIVKA SAPAZOVSKI Plaintiff v ONE FORCE GROUP AUSTRALIA PTY LTD Defendant --- MAGISTRATE: S

More information

Impeaching the Spine Injury Medical Expert. Ernest P. Chiodo, M.D., J.D., M.P.H., M.S., M.B.A., C.I.H. Physician-Attorney-Biomedical Engineer

Impeaching the Spine Injury Medical Expert. Ernest P. Chiodo, M.D., J.D., M.P.H., M.S., M.B.A., C.I.H. Physician-Attorney-Biomedical Engineer Impeaching the Spine Injury Medical Expert By Ernest P. Chiodo, M.D., J.D., M.P.H., M.S., M.B.A., C.I.H. Physician-Attorney-Biomedical Engineer It is a common error that an attorney retains the wrong type

More information

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY PAMELA R. LECOMPTE, ) ) Petitioner, ) ) v. ) ) C. A. No. 02A-01-010 JEB CHRISTIANA CARE HEALTH ) SYSTEMS, ) ) Respondent. ) Submitted:

More information

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT JACKSON July 1, 2004 Session

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT JACKSON July 1, 2004 Session IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT JACKSON July 1, 2004 Session WILLIAM G. NORVELL v. MENLO LOGISTICS, INC. Direct Appeal from the Chancery Court for Tipton

More information

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. G405820. LINDA BECKER, Employee. GOODWILL INDUSTRIES, Employer

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. G405820. LINDA BECKER, Employee. GOODWILL INDUSTRIES, Employer BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. G405820 LINDA BECKER, Employee GOODWILL INDUSTRIES, Employer RISK MANAGEMENT RESOURCES, Carrier CLAIMANT RESPONDENT RESPONDENT OPINION FILED

More information

Workplace Health, Safety & Compensation Review Division

Workplace Health, Safety & Compensation Review Division Workplace Health, Safety & Compensation Review Division WHSCRD Case No: 13252-11 WHSCC Claim No.(s): 604016, 611050, 672511 705910, 721783, 731715, 753775, 784014, 831110 Decision Number: 14189 Marlene

More information

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F102457 OPINION FILED JULY 20, 2004

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F102457 OPINION FILED JULY 20, 2004 BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F102457 KEN WATERS, EMPLOYEE CENTURY TUBE CORPORATION, EMPLOYER CROCKETT ADJUSTMENT, CARRIER CLAIMANT RESPONDENT RESPONDENT OPINION FILED

More information

SUPREME COURT OF LOUISIANA

SUPREME COURT OF LOUISIANA SUPREME COURT OF LOUISIANA No. 98-C-1403 WILLIS THOMAS Versus TOWN OF ARNAUDVILLE PER CURIAM* This is a workers compensation case. The workers compensation judge found plaintiff failed to establish a work-related

More information

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. F910691. TERRY FOSTER, Employee. TYSON SALES & DISTRIBUTION, Self-Insured Employer

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. F910691. TERRY FOSTER, Employee. TYSON SALES & DISTRIBUTION, Self-Insured Employer BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. F910691 TERRY FOSTER, Employee TYSON SALES & DISTRIBUTION, Self-Insured Employer CLAIMANT RESPONDENT OPINION FILED NOVEMBER 20, 2013 Hearing

More information

Noteworthy Decision Summary. Decision: WCAT-2004-06682 Panel: Heather McDonald Decision Date: December 17, 2004

Noteworthy Decision Summary. Decision: WCAT-2004-06682 Panel: Heather McDonald Decision Date: December 17, 2004 Noteworthy Decision Summary Decision: WCAT-2004-06682 Panel: Heather McDonald Decision Date: December 17, 2004 Reopening of claim New diagnosis on reopening Back strain Disc herniation Radiculopathy CT

More information

IN THE NEBRASKA COURT OF APPEALS. MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion)

IN THE NEBRASKA COURT OF APPEALS. MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) KIRCHER V. THE MASCHHOFFS, LLC NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY

More information

IN THE WORKERS COMPENSATION COURT OF THE STATE OF MONTANA 2005 MTWCC 42. WCC No. 2004-1039 JOHN STROM. Petitioner. vs.

IN THE WORKERS COMPENSATION COURT OF THE STATE OF MONTANA 2005 MTWCC 42. WCC No. 2004-1039 JOHN STROM. Petitioner. vs. IN THE WORKERS COMPENSATION COURT OF THE STATE OF MONTANA 2005 MTWCC 42 WCC No. 2004-1039 JOHN STROM Petitioner vs. MONTANA MUNICIPAL INSURANCE AUTHORITY Respondent/Insurer. FINDINGS OF FACT, CONCLUSIONS

More information

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. G011127 SHARON MCCULLER, EMPLOYEE OPINION FILED DECEMBER 29, 2011

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. G011127 SHARON MCCULLER, EMPLOYEE OPINION FILED DECEMBER 29, 2011 BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. G011127 SHARON MCCULLER, EMPLOYEE ARKANSAS SPECIALTY ORTHOPAEDICS, EMPLOYER TRAVELERS INDEMNITY CO. OF AMERICA, INSURANCE CARRIER/TPA CLAIMANT

More information

Employees Compensation Appeals Board

Employees Compensation Appeals Board U. S. DEPARTMENT OF LABOR Employees Compensation Appeals Board In the Matter of GEORGE G. WILK and U.S. POSTAL SERVICE, MORAINE VALLEY FACILITY, Bridgeview, IL Docket No. 03-453; Submitted on the Record;

More information

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL CASE NO. 18 Z 600 19775 03 2 A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS In the Matter of the Arbitration between (Claimant) AAA CASE NO.: 18 Z 600 19775 03 v.

More information

Workplace Health, Safety & Compensation Review Division

Workplace Health, Safety & Compensation Review Division Workplace Health, Safety & Compensation Review Division WHSCRD Case No: 14152-06 WHSCC Claim No: 606499 and 791748 Decision Number: 14147 Lloyd Piercey Review Commissioner The Review Proceedings 1. The

More information

BEFORE THE KANSAS WORKERS COMPENSATION APPEALS BOARD

BEFORE THE KANSAS WORKERS COMPENSATION APPEALS BOARD BEFORE THE KANSAS WORKERS COMPENSATION APPEALS BOARD DONALD B. KNARD ) Claimant ) v. ) ) Docket No. 1,072,705 APPLEBEES SERVICES, INC. ) Respondent ) and ) ) LIBERTY MUTUAL INSURANCE CORP. ) Insurance

More information

New York Law Journal. Tuesday, November 28, 2000

New York Law Journal. Tuesday, November 28, 2000 New York Law Journal Tuesday, November 28, 2000 HEADLINE: BYLINE: Trial Advocacy, Direct Examination Of A Medical Expert Ben B. Rubinowitz and Evan Torgan BODY: The direct examination of your medical expert

More information

SOUTH DAKOTA DEPARTMENT OF LABOR AND REGULATION DIVISION OF LABOR AND MANAGEMENT

SOUTH DAKOTA DEPARTMENT OF LABOR AND REGULATION DIVISION OF LABOR AND MANAGEMENT SOUTH DAKOTA DEPARTMENT OF LABOR AND REGULATION DIVISION OF LABOR AND MANAGEMENT CAMERON SMITH, HF No. 28, 2010/11 Claimant, v. DECISION STAN HOUSTON EQUIPTMENT CO., Employer, and UNITED FIRE & CASUALTY

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 975/06

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 975/06 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 975/06 BEFORE: M. Crystal: Vice-Chair HEARING: February 28, 2007 at Toronto Written case DATE OF DECISION: March 1, 2007 NEUTRAL CITATION: 2007

More information

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT KNOXVILLE December 14, 2000 Session

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT KNOXVILLE December 14, 2000 Session IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT KNOXVILLE December 14, 2000 Session PHILIPS CONSUMER ELECTRONICS COMPANY v. KATHY A. JENNINGS Direct Appeal from the Circuit

More information

FD: ACN=235 ACC=R FD: DT:D DN: 1290/87 STY: PANEL: Bradbury; Beattie; Apsey DDATE: 180188 ACT: 40(2) KEYW: Temporary total disability; Temporary

FD: ACN=235 ACC=R FD: DT:D DN: 1290/87 STY: PANEL: Bradbury; Beattie; Apsey DDATE: 180188 ACT: 40(2) KEYW: Temporary total disability; Temporary FD: ACN=235 ACC=R FD: DT:D DN: 1290/87 STY: PANEL: Bradbury; Beattie; Apsey DDATE: 180188 ACT: 40(2) KEYW: Temporary total disability; Temporary partial disability. SUM: - Tribunal found that worker was

More information

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT JACKSON April 28, 2000 Session

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT JACKSON April 28, 2000 Session IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT JACKSON April 28, 2000 Session KENNETH CROTTS v. BENCHMARK MECHANICAL CONTRACTORS, INC. Direct Appeal from the Circuit Court

More information

Noteworthy Decision Summary. Decision: WCAT Decision Date: December 22, 2006 Panel: Cynthia Katramadakis

Noteworthy Decision Summary. Decision: WCAT Decision Date: December 22, 2006 Panel: Cynthia Katramadakis Noteworthy Decision Summary Decision: WCAT-2006-04763 Decision Date: December 22, 2006 Panel: Cynthia Katramadakis Reconsideration New Matter for Adjudication Effect of Prior Non-Compensable Pre- Existing

More information

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. G ABILENE L. WENDT, EMPLOYEE ARKANSAS HEALTH CENTER, EMPLOYER

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. G ABILENE L. WENDT, EMPLOYEE ARKANSAS HEALTH CENTER, EMPLOYER BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. G002506 ABILENE L. WENDT, EMPLOYEE ARKANSAS HEALTH CENTER, EMPLOYER PUBLIC EMPLOYEE CLAIMS DIVISION, INSURANCE CARRIER/TPA CLAIMANT RESPONDENT

More information

SUMMARY. Carpal tunnel syndrome; Permanent impairment [NEL] (rating schedule) (AMA Guides) (functional impairment).

SUMMARY. Carpal tunnel syndrome; Permanent impairment [NEL] (rating schedule) (AMA Guides) (functional impairment). SUMMARY DECISION NO. 1033/98 Carpal tunnel syndrome; Permanent impairment [NEL] (rating schedule) (AMA Guides) (functional impairment). The worker was a stope miner for four years beginning in 1987. In

More information

WCB claims. WCB claim process. Worker suffers an injury/occupational disease. Report to first aid/supervisor.

WCB claims. WCB claim process. Worker suffers an injury/occupational disease. Report to first aid/supervisor. Section 4 WCB claims WCB claim process Worker suffers an injury/occupational disease. Worker reports to doctor. Physician s first report is sent to WCB. (Form 8). Report to first aid/supervisor. Injured

More information

STATE BOARD OF WORKERS' COMPENSATION Heritage Tower, Suite 200, 18 9th Street Columbus, Georgia 31901 (706) 649-7372 www.sbwc.georgia.

STATE BOARD OF WORKERS' COMPENSATION Heritage Tower, Suite 200, 18 9th Street Columbus, Georgia 31901 (706) 649-7372 www.sbwc.georgia. 2012003449 Trial Heritage Tower, Suite 200, 18 9th Street Columbus, Georgia 31901 (706) 649-7372 www.sbwc.georgia.gov STATEMENT OF CASE The employee requested a hearing in the above referenced claim for

More information

SUMMARY DECISION NO. 248/97. Continuing entitlement.

SUMMARY DECISION NO. 248/97. Continuing entitlement. SUMMARY DECISION NO. 248/97 Continuing entitlement. The worker slipped and fell backwards in October 1991. The worker appealed a decision of the Hearings Officer denying entitlement for organic neck and

More information

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL Appellant: [*] (Worker) Participants entitled to respond to this appeal: The Workers Compensation Board of Nova Scotia (Board) APPEAL DECISION Representatives:

More information

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL

NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL Appellant: [X] (Worker) Participants entitled to respond to this appeal: [X] (Employer) and The Workers Compensation Board of Nova Scotia (Board) APPEAL

More information

WORKERS COMPENSATION APPEAL TRIBUNAL

WORKERS COMPENSATION APPEAL TRIBUNAL WORKERS COMPENSATION APPEAL TRIBUNAL BETWEEN: [PERSONAL INFORMATION] CASE ID #[PERSONAL INFORMATION] APPELLANT AND: WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND RESPONDENT DECISION #199 Appellant

More information

Workplace Health, Safety & Compensation Review Division

Workplace Health, Safety & Compensation Review Division Workplace Health, Safety & Compensation Review Division WHSCRD Case No: WHSCC Claim No: Decision Number: 15171 Gordon Murphy Review Commissioner The Review Proceedings 1. The hearing of the review application

More information

CASE ID #[ personal information] WORKERS COMPENSATION APPEAL TRIBUNAL WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND DECISION #9

CASE ID #[ personal information] WORKERS COMPENSATION APPEAL TRIBUNAL WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND DECISION #9 C A N A D A CASE ID #[ personal information] PROVINCE OF PRINCE EDWARD ISLAND BETWEEN: WORKERS COMPENSATION APPEAL TRIBUNAL EMPLOYER AND: APPELLANT AND: WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND

More information

WORKERS COMPENSATION APPEALS TRIBUNAL

WORKERS COMPENSATION APPEALS TRIBUNAL WORKERS COMPENSATION APPEALS TRIBUNAL DECISION NO. 1025/94 This appeal was heard in Toronto on December 5, 1994, by a Tribunal Panel consisting of: R.E. Hartman : Vice-Chair, G.M. Nipshagen: Member representative

More information

IN THE SUPREME OF TENNESSEE AT NASHVILLE GLOBE BUSINESS FURNITURE } SUMNER CIRCUIT

IN THE SUPREME OF TENNESSEE AT NASHVILLE GLOBE BUSINESS FURNITURE } SUMNER CIRCUIT IN THE SUPREME OF TENNESSEE AT NASHVILLE FILED April 21, 1999 GLOBE BUSINESS FURNITURE } SUMNER CIRCUIT Cecil W. Crowson OF TENNESSEE, INC. } No. Below Appellate 16846-C Court Clerk } Plaintiff/Appellee

More information

SUMMARY DECISION NO. 70/98. Delay (treatment); Kienbock's disease.

SUMMARY DECISION NO. 70/98. Delay (treatment); Kienbock's disease. SUMMARY DECISION NO. 70/98 Delay (treatment); Kienbock's disease. A construction worker injured his wrist while moving a plank on September 25, 1991. He continued working and did not seek medical treatment

More information

Notice of Independent Review Decision DESCRIPTION OF THE SERVICE OR SERVICES IN DISPUTE:

Notice of Independent Review Decision DESCRIPTION OF THE SERVICE OR SERVICES IN DISPUTE: Notice of Independent Review Decision DATE OF REVIEW: 08/15/08 IRO CASE #: NAME: DESCRIPTION OF THE SERVICE OR SERVICES IN DISPUTE: Determine the appropriateness of the previously denied request for physical

More information

SUMMARY DECISION NO. 303/95R. Reconsideration (consideration of evidence).

SUMMARY DECISION NO. 303/95R. Reconsideration (consideration of evidence). SUMMARY DECISION NO. 303/95R Reconsideration (consideration of evidence). The worker's application to reconsider Decision No. 303/95 was denied. The hearing panel considered the evidence and reached its

More information

NO. COA09-259 NORTH CAROLINA COURT OF APPEALS. Filed: 20 October 2009

NO. COA09-259 NORTH CAROLINA COURT OF APPEALS. Filed: 20 October 2009 An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)

More information

IN THE PENSION APPEALS BOARD IN RE THE CANADA PENSION PLAN JUDY MANCHUR. - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT

IN THE PENSION APPEALS BOARD IN RE THE CANADA PENSION PLAN JUDY MANCHUR. - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT IN THE PENSION APPEALS BOARD IN RE THE CANADA PENSION PLAN BETWEEN: JUDY MANCHUR Appellant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent Appeal CP08485 heard in Regina, Saskatchewan October

More information

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION MARVIN T. SMITH Claimant VS. WESTERN FEED MILLS, INC. Respondent Docket No. 1,049,751 AND MICHIGAN MILLERS MUTUAL INS. CO. Insurance

More information

United States Department of Labor Employees Compensation Appeals Board DECISION AND ORDER

United States Department of Labor Employees Compensation Appeals Board DECISION AND ORDER United States Department of Labor T.M., Appellant and DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION & CUSTOMS ENFORCEMENT, New York, NY, Employer Appearances: Thomas S. Harkins, Esq., for the appellant

More information

Workers Compensation Law Update April 2012

Workers Compensation Law Update April 2012 Workers Compensation Law Update April 2012 Sean C. Pierce Carr Allison Court of Civil Appeals of Alabama Maxim Healthcare Servs. v. Freeman, 2012 Ala. Civ. App. LEXIS 91 (Ala. Civ. App. April 13, 2012)

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1929/14

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1929/14 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1929/14 BEFORE: S. Netten: Vice-Chair HEARING: October 8, 2014 at Toronto Written DATE OF DECISION: November 18, 2014 NEUTRAL CITATION: 2014

More information

California Workers Compensation Medical Provider Network Employee Notification & Guide

California Workers Compensation Medical Provider Network Employee Notification & Guide California Workers Compensation Medical Provider Network Employee Notification & Guide In partnership with We are pleased to introduce the California workers compensation medical provider network (MPN)

More information

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION MARION A. DAVIS ) Claimant ) VS. ) ) Docket No. 216,570 CONSPEC MARKETING & MANUFACTURING CO. ) Respondent ) AND ) ) UNITED STATES

More information