Month: January 2015

Jan 26, 2015

Maine Home Treadmill Fatality Found Compensable

Illustrating the point that for telecommuting employees, who are often tethered to their employers by ubiquitous cell phones and tablets, the line between the employment world and private life is...

Maine Home Treadmill Fatality Found Compensable Maine Home Treadmill Fatality Found Compensable
Jan 21, 2015

New Mexico: Health Care Provider’s “Certification” of Medical Marijuana is Functional Equivalent of Prescription for Injured Worker

An authorized treating health care provider’s “certification” authorizing the use of medical marijuana under New Mexico’s Compassionate Use Act [N.M. Stat. Ann. § 26–2B–1 et seq.] is the functional equivalent...

New Mexico: Health Care Provider’s “Certification” of Medical Marijuana is Functional Equivalent of Prescription for Injured Worker New Mexico: Health Care Provider’s “Certification” of Medical Marijuana is Functional Equivalent of Prescription for Injured Worker
Jan 19, 2015

South Carolina Supreme Court Adopts What Amounts to Positional Risk Standard in Slip and Fall Cases

The Supreme Court of South Carolina, reversing the state court of appeals, recently held that an office worker who sustained injuries when she fell as she walked down an unobstructed,...

South Carolina Supreme Court Adopts What Amounts to Positional Risk Standard in Slip and Fall Cases South Carolina Supreme Court Adopts What Amounts to Positional Risk Standard in Slip and Fall Cases
Jan 13, 2015

Kentucky High Court Splits in Case Involving Personal Comfort Doctrine

In a split decision dealing with the application of the personal comfort doctrine described in Larson’s Workers’ Compensation Law, § 21.01, et seq., a majority of the Supreme Court of...

Kentucky High Court Splits in Case Involving Personal Comfort Doctrine Kentucky High Court Splits in Case Involving Personal Comfort Doctrine
Jan 12, 2015

For Now, Exclusivity Does Not Bar Workers’ Tort Cases Against BP Products Following 2011 Chemical Release at Refinery

A Federal District Court in Texas has refused to grant a motion for summary judgment filed by Defendant BP Products North America, Inc. (“BP Products”) in a civil action arising...

For Now, Exclusivity Does Not Bar Workers’ Tort Cases Against BP Products Following 2011 Chemical Release at Refinery For Now, Exclusivity Does Not Bar Workers’ Tort Cases Against BP Products Following 2011 Chemical Release at Refinery
Jan 5, 2015

NY Employer’s Surveillance of Injured Worker Fails to Establish Fraud

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that an employer’s surveillance videos and testimony of its private investigator, which primarily showed a workers’...

NY Employer’s Surveillance of Injured Worker Fails to Establish Fraud

NY Employer’s Surveillance of Injured Worker Fails to Establish Fraud