Month: December 2013

Dec 28, 2013

South Carolina Supreme Court Says Nurse Anesthetist Was Employee, Not Independent Contractor

Reversing a decision by the state’s court of appeals, the Supreme Court of South Carolina recently held that direct evidence supported the Workers’ Compensation Commission’s original determination that a certified...

South Carolina Supreme Court Says Nurse Anesthetist Was Employee, Not Independent Contractor South Carolina Supreme Court Says Nurse Anesthetist Was Employee, Not Independent Contractor
Dec 24, 2013

Federal Judge in Phoenix Says RICO Case May Move Forward

A federal district court judge ruled yesterday that nine fire department employees may maintain a civil action they had filed under the Racketeer Influenced and Corrupt Organizations [RICO] Act against...

Federal Judge in Phoenix Says RICO Case May Move Forward Federal Judge in Phoenix Says RICO Case May Move Forward
Dec 23, 2013

Federal Court (Wisconsin) Allows IIED Claim to Move Forward; Exclusivity Did Not Apply Since Plaintiff Was On Administrative Leave

Construing Wisconsin’s exclusive remedy defense, a federal district court recently refused to dismiss a civil action filed by a former principal against a school district alleging, among other things, intentional...

Federal Court (Wisconsin) Allows IIED Claim to Move Forward; Exclusivity Did Not Apply Since Plaintiff Was On Administrative Leave Federal Court (Wisconsin) Allows IIED Claim to Move Forward; Exclusivity Did Not Apply Since Plaintiff Was On Administrative Leave
Dec 20, 2013

Illinois: Divided High Court Finds Injured Employee was Not a “Traveling Employee”

Construing the “traveling employee” rule, the Supreme Court of Illinois, in a divided decision, yesterday held that a worker who took a position with an employer located some 200 miles...

Illinois: Divided High Court Finds Injured Employee was Not a “Traveling Employee” Illinois: Divided High Court Finds Injured Employee was Not a “Traveling Employee”
Dec 18, 2013

Board Lacks Subject Matter Jurisdiction Where Former WBNA Player Involved in Only One Game During 34-Game Career

A former basketball player in the Women’s National Basketball Association, who never resided in California, played just one of her 34-game career within the state, and who suffered no specific...

Board Lacks Subject Matter Jurisdiction Where Former WBNA Player Involved in Only One Game During 34-Game Career Board Lacks Subject Matter Jurisdiction Where Former WBNA Player Involved in Only One Game During 34-Game Career
Dec 17, 2013

Oklahoma High Court Rejects Initial Challenge to Opt Out Law

Yesterday (December 16), the Supreme Court of Oklahoma rejected an initial constitutional challenge to the controversial overhaul of the state’s workers’ compensation system via Senate Bill 1062, which allows, among...

Oklahoma High Court Rejects Initial Challenge to Opt Out Law Oklahoma High Court Rejects Initial Challenge to Opt Out Law