Month: April 2017

Apr 26, 2017

Arizona Social Worker Employed At Prison May Not Sue State for Slip and Fall Injuries

Where the State of Arizona, through its Department of Corrections, had an ongoing duty to insure that inmates received adequate health services and it contracted with an employment services provider...

Arizona Social Worker Employed At Prison May Not Sue State for Slip and Fall Injuries Arizona Social Worker Employed At Prison May Not Sue State for Slip and Fall Injuries
Apr 25, 2017

Disagreement Does Not Equal Clear and Convincing Evidence That Tennessee MIR Physician’s Opinion was Wrong

Where the opinion offered by an employee’s medical expert merely disagreed with the medical impairment registry (MIR) physician’s findings, yet did not show how that the MIR physician had used...

Disagreement Does Not Equal Clear and Convincing Evidence That Tennessee MIR Physician’s Opinion was Wrong Disagreement Does Not Equal Clear and Convincing Evidence That Tennessee MIR Physician’s Opinion was Wrong
Apr 24, 2017

New Jersey Has Jurisdiction to Hear Claim for Out-of-State Injury Where Employment Contract Completed Within the State

Where a New Jersey resident filed an online application for employment with a New York furniture company, received a phone call at his home to arrange an interview at the...

New Jersey Has Jurisdiction to Hear Claim for Out-of-State Injury Where Employment Contract Completed Within the State New Jersey Has Jurisdiction to Hear Claim for Out-of-State Injury Where Employment Contract Completed Within the State
Apr 20, 2017

Florida Correctional Department Successfully Rebuts Heart-Lung Presumption

A Florida appellate court ruled that a state judge of compensation claims erred when the JCC awarded benefits to a correctional officer under the state’s Heart-Lung statute, which generally provides...

Florida Correctional Department Successfully Rebuts Heart-Lung Presumption Florida Correctional Department Successfully Rebuts Heart-Lung Presumption
Apr 12, 2017

Arkansas Opt-Out Scenario—Still No Text in the Introduced Bill

As I indicated here in an earlier post (March 29, 2017), the Arkansas workers’ compensation “opt out” bill exists only as a shell, with literally no details contained in 2017...

Arkansas Opt-Out Scenario—Still No Text in the Introduced Bill Arkansas Opt-Out Scenario—Still No Text in the Introduced Bill
Apr 12, 2017

Tennessee Widow Loses Battle Related to Injured Worker’s Overdose Death

In a case that echoes the plight of all too many injured workers in the U.S., the Supreme Court of Tennessee has overturned a decision of a state chancery court...

Tennessee Widow Loses Battle Related to Injured Worker’s Overdose Death Tennessee Widow Loses Battle Related to Injured Worker’s Overdose Death
Apr 7, 2017

Arbitrator’s Decision in PA Heart and Lung Hearing is Not Binding on Workers’ Compensation Judge

While issue preclusion generally applies to the decisions of Workers’ Compensation Boards and Commissions, just as it does generally to court decisions [see, e.g., Larson’s Workers’ Compensation Law, § 127.07],...

Arbitrator’s Decision in PA Heart and Lung Hearing is Not Binding on Workers’ Compensation Judge Arbitrator’s Decision in PA Heart and Lung Hearing is Not Binding on Workers’ Compensation Judge
Apr 6, 2017

Employer Not Prejudiced by Lack of Formal Notice When Supervisor Witnessed the Employee’s Injury

Where a highway construction worker, who had completed a strenuous shift of work on a hot summer day, lost consciousness, and fell to the ground in the presence of his...

Employer Not Prejudiced by Lack of Formal Notice When Supervisor Witnessed the Employee’s Injury Employer Not Prejudiced by Lack of Formal Notice When Supervisor Witnessed the Employee’s Injury
Apr 5, 2017

New York: Nurse’s Stress Claim Tied to Bona Fide Personnel Decision is Not Compensable

Where a registered nurse claimed that she sustained work-related injuries consisting of insomnia, depression, post traumatic stress disorder, and severe social phobia when she was wrongfully terminated, reinstated, and then...

New York: Nurse’s Stress Claim Tied to Bona Fide Personnel Decision is Not Compensable New York: Nurse’s Stress Claim Tied to Bona Fide Personnel Decision is Not Compensable
Apr 4, 2017

New York Deputy Sheriff’s Fatal Heart Attack at Home is Not Compensable

Acknowledging that N.Y. Work. Comp. Law § 21 provides a presumption of compensability where the decedent’s initial injury occurs while he or she at work, a New York appellate court...

New York Deputy Sheriff’s Fatal Heart Attack at Home is Not Compensable New York Deputy Sheriff’s Fatal Heart Attack at Home is Not Compensable