An Oregon appellate court recently affirmed a decision by the state’s Workers’ Compensation Board that concluded claimant’s subsistence and travel pay were “wages” for purposes of determining claimant’s TTD benefits...
Oregon: AWW Must Include “Subsistence Allowance” and Travel Pay for California Brick Mason Oregon: AWW Must Include “Subsistence Allowance” and Travel Pay for California Brick MasonReiterating an important point, that in order to defeat a workers’ compensation claim it is generally insufficient to show that the injured worker was intoxicated at the time of the...
New Hampshire: Intoxication, Without Showing of Causation, Is Insufficient to Defeat Comp Claim New Hampshire: Intoxication, Without Showing of Causation, Is Insufficient to Defeat Comp ClaimNotice of the Texas non-subscribing employer’s occupational injury benefit plan was insufficient by itself to show that an employee had notice of an arbitration agreement referred to therein since the...
Texas: No Arbitration Where Employer Could Not Show Employee Had Notice of Arbitration Agreement Texas: No Arbitration Where Employer Could Not Show Employee Had Notice of Arbitration AgreementThe Supreme Court of Oklahoma recently held that a chiropractor is not qualified as an expert in diagnosing psychological illnesses such as depression. Accordingly, the report of a chiropractor as...
Oklahoma: Chiropractors May Not Offer Expert Testimony as to Psychological Overlay Oklahoma: Chiropractors May Not Offer Expert Testimony as to Psychological OverlayA Colorado appellate court recently held that hotels and restaurants that a workers’ compensation claimant patronized during authorized travel to obtain treatment by a specialist were not “medical providers” as...
Colorado: Hotels and Restaurants Are Not “Medical Providers” Colorado: Hotels and Restaurants Are Not “Medical Providers”In a complex medical malpractice diversity action involving multiple issues, the Tenth Circuit Court of Appeals recently affirmed a federal district court’s judgment on a $7 million verdict in favor...
10th Circuit: Under Collateral Source Rule, Evidence of Discounted Med Pay to Medical Providers By Workers’ Comp Payer May Not Be Considered By Jury 10th Circuit: Under Collateral Source Rule, Evidence of Discounted Med Pay to Medical Providers By Workers’ Comp Payer May Not Be Considered By JurySome years ago, my mentor, Arthur Larson, when commenting upon the issue of deviations within the workplace, wrote that courts generally recognize “that human beings do not run on tracks...
Pennsylvania: 5-Minute Deviation Defeated Workers’ Comp Claim Pennsylvania: 5-Minute Deviation Defeated Workers’ Comp ClaimThe Longshore Act provides that no compensation shall be payable if the injury “was occasioned solely by the intoxication of the employee” [33 U.S.C.S. § 903(c), emphasis added]. The Ninth...
Ninth Circuit Construes Longshore Act’s Intoxication Defense Provisions Ninth Circuit Construes Longshore Act’s Intoxication Defense Provisions