A New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that a claimant had not voluntarily withdrawn from the labor market by refusing a light duty...
New York Court Finds Worker’s Refusal of Light-Work Justified New York Court Finds Worker’s Refusal of Light-Work JustifiedReiterating the Ohio rule that that a pre-injury infraction undetected until after the injury is not grounds for concluding that a claimant voluntarily abandoned his employment so as to preclude...
Ohio Worker May Receive TTD Benefits In Spite of Positive Drug Test After Injury Ohio Worker May Receive TTD Benefits In Spite of Positive Drug Test After InjuryIn an action alleging bad-faith denial of insurance benefits filed by an undocumented worker who sustained severe injuries in a work-related accident, the Eighth Circuit Court of Appeals, construing Iowa...
8th Circuit: Insurer’s Refusal to Pay for Injured Undocumented Worker’s Groceries and Cable TV Not Bad-Faith Denial of Insurance Benefits 8th Circuit: Insurer’s Refusal to Pay for Injured Undocumented Worker’s Groceries and Cable TV Not Bad-Faith Denial of Insurance BenefitsThe Court of Appeals of Kentucky, in Roberts v. Sticklen, 2014 Ky. App. LEXIS 186 (Dec. 12, 2014) held that the plain language of Ky. Rev. Stat. Ann. § 342.320(2)(a)...
Kentucky Court Affirms Limitation of Attorney’s Fee in Comp Claim Involving Multiple Beneficiaries Kentucky Court Affirms Limitation of Attorney’s Fee in Comp Claim Involving Multiple BeneficiariesIn a case of first impression in Alabama, a state appellate court recently held that injuries sustained while traveling to or from a location to receive treatment for an earlier...
Alabama: Injuries Sustained While Seeking Medical Treatment For Earlier Injury Are Compensable Alabama: Injuries Sustained While Seeking Medical Treatment For Earlier Injury Are CompensableIn a case with a bizarre setting—the injured employee mysteriously disappeared in March 2012, after being awarded and receiving workers’ compensation disability benefits for almost three years—the Supreme Judicial Court...
Maine Employer May Suspend Comp Benefits to Employee Who Mysteriously Disappeared Maine Employer May Suspend Comp Benefits to Employee Who Mysteriously DisappearedA Florida appellate court recently reversed an order by a Judge of Compensation Claims requiring the employer/carrier to provide Claimant with treatment for a renal mass/cancer to the extent that...
Florida Court Reverses Award Requiring Employer to Pay for Kidney Removal Based on Hindrance of Treatment Doctrine Florida Court Reverses Award Requiring Employer to Pay for Kidney Removal Based on Hindrance of Treatment DoctrineContinuing a line of decisions that have awarded permanent partial disability benefits to dependents of workers who sustain fatal injuries in a work-related incident, but who survive the incident for...
Dependents of Ohio Worker Who Lived 4.5 Hours After Fall Awarded 1,225 Weeks of PPD Benefits Dependents of Ohio Worker Who Lived 4.5 Hours After Fall Awarded 1,225 Weeks of PPD BenefitsIn a decision handed down last Thursday [Morales v. Zenith Ins. Co., 2014 Fla. LEXIS 3555 (Dec. 4, 2014)], the Supreme Court of Florida may well have tipped its hand...
Commentary: Florida Supreme Court Hints at How It May Decide Constitutionality of Florida Comp Act Commentary: Florida Supreme Court Hints at How It May Decide Constitutionality of Florida Comp ActIn a 6–1 decision, the Supreme Court of Michigan has reversed a 2013 decision of a special panel of the state’s Court of Appeals, finding that a landscape worker was...
Michigan Supreme Court Clarifies Independent Contractor-Employee Distinction Michigan Supreme Court Clarifies Independent Contractor-Employee Distinction