Court Upholds Denial of Benefits for Firefighter’s Recurrent Back Injury
- The Delaware Supreme Court on December 4 upheld the denial of workers’ compensation benefits for a Wilmington firefighter’s 2023 back injury.
- The court found the injury was a recurrence of a 2015 injury rather than an aggravation from a new event.
- Because the firefighter had commuted his earlier claim in 2018, releasing the original carrier from future liability, no benefits were payable on the 2023 claim.
- The distinction between a recurrence and an aggravation caused by an intervening event is a critical legal framework in workers’ comp cases involving successive injuries.
WV Supreme Court Denies Coverage for Worker’s Lumbar Condition
- The Supreme Court of Appeals of West Virginia affirmed a lower court ruling that denied a worker coverage for lumbar radiculopathy in a worker’s compensation dispute.
- The employee argued that a work injury caused a new, severe back condition, separate from his pre-existing back pain.
- His doctor agreed that his quality of life drastically decreased after the injury.
- The employer, West Virginia Paving, Inc., argued the condition was pre-existing and active before the incident.
Appeals Board Upholds Death Benefits for Flooring Installer’s Dependents
- The Tennessee Workers’ Compensation Appeals Board recently confirmed death benefits for a flooring installer’s dependents.
- The employee suffered a fatal heart attack while scraping adhesive at a job site.
- The employer, E.S. Dockery Company, challenged the claim, arguing the death was due to severe preexisting heart disease, not work activities.
- The court sided with the dependents’ medical expert, who testified that the job’s physical exertion likely triggered the fatal event in the otherwise “stable” worker.