In a divided decision, the Supreme Court of South Carolina today held that an employee’s injuries sustained in a game of kickball arose out of and in the course of...
Divided SC Supreme Court Says Injuries Sustained Playing Kickball Were Compensable Divided SC Supreme Court Says Injuries Sustained Playing Kickball Were CompensableThe $12,000 cap on claimant’s attorney’s fees contained in KRS 342.320(2)(a) applies to the entire “original claim,” including any interlocutory proceedings, such as as a medical fee dispute, held a...
Kentucky Cap on Claimant Attorney’s Fees Applies In Spite of Multiple Proceedings to Recover Benefits Kentucky Cap on Claimant Attorney’s Fees Applies In Spite of Multiple Proceedings to Recover BenefitsAn oral agreement whereby one party (Cornett) was allowed to board horses on property owned by another (Schumacher) and pay the latter a portion of the boarding fees received as...
Informal Arrangement Regarding Boarding of Horses Did not Create Employer-Employee Relationship Informal Arrangement Regarding Boarding of Horses Did not Create Employer-Employee RelationshipWhere the only conditions precedent to receiving an annual bonus was simply being an “active employee on November 30th of the year the bonus was paid and the condition precedent...
Annual Service Bonus is Part of Iowa Employee’s Average Weekly Wage Computation Annual Service Bonus is Part of Iowa Employee’s Average Weekly Wage ComputationA Louisiana appellate court has affirmed an Order of the state’s Office of Workers’ Compensation that heavily sanctioned a workers’ compensation claimant for fraud in violation of La. R. S....
Louisiana Claimant Gets Hit With Forfeiture of Benefits and Stiff Penalties for Misrepresentations Louisiana Claimant Gets Hit With Forfeiture of Benefits and Stiff Penalties for MisrepresentationsThe Supreme Court of Nebraska recently held that for purposes of assigning liability among several employers for a dental hygienist’s repetitive trauma injury, the injury manifested itself on the day...
Nebraska High Court Clarifies “Manifestation” Date in Repetitive Trauma Cases Nebraska High Court Clarifies “Manifestation” Date in Repetitive Trauma CasesAcknowledging that agitation and physical aggression are common late-stage symptoms of Alzheimer’s disease, that injuries to caregivers are not unusual, and that California and other jurisdictions had previously established the...
Divided California Supreme Court Says In-Home Caregivers May Not Sue Alzheimer’s Patients For Injuries Divided California Supreme Court Says In-Home Caregivers May Not Sue Alzheimer’s Patients For Injuries