Strong Subrogation Rights Exist Only as to Payments Made under WCA Acknowledging that an employer/carrier’s outlay of workers’ compensation benefits entitles it to a subrogation lien on any recovery the...
PA High Court Says No Subrogation Allowed Regarding Heart and Lung Benefits PA High Court Says No Subrogation Allowed Regarding Heart and Lung BenefitsDeath Benefits Awarded in Spite of Smoking Habit and High Cholesterol A decision by New York’s Workers’ Compensation Board, which concluded that a construction worker’s death was causally-related to his...
NY Construction Worker’s Fatal Heart Attack Found Compensable NY Construction Worker’s Fatal Heart Attack Found CompensableDriver’s Mileage Reimbursement Did not Constitute “Wages” Reimbursement for mileage driven at rates established by the Internal Revenue Service is not “wages” as defined by Vt. Stat. Ann. tit. 21,...
Vermont “Volunteer” Driver for Transit Authority is not an Employee Vermont “Volunteer” Driver for Transit Authority is not an EmployeeClaim Not Barred, as a Matter of Law, by Going and Coming Rule A county bus driver, who sustained injuries in an auto accident as she traveled to attend a...
Maryland High Court Says Bus Driver’s Accident Traveling to Training Session May Have Been “Special Mission” Maryland High Court Says Bus Driver’s Accident Traveling to Training Session May Have Been “Special Mission”The North Carolina Court of Appeals affirmed the denial of workers’ compensation benefits to a city employee who sustained serious injuries to his right hip, back, and head when he...
NC Employee’s Injuries From Fainting After Toking on E-Cigarette Did Not Arise From the Employment NC Employee’s Injuries From Fainting After Toking on E-Cigarette Did Not Arise From the EmploymentParent Faces “Catch-22”: Wrongful Death Claim Barred by Exclusivity, Yet No Workers’ Comp Benefits Available The Supreme Court of Alaska, in Burke v. Raven Elec., 2018 Alas. LEXIS 64 (May...
Alaska’s High Court Upholds Total Bar of Recovery for Non-Dependent Parents of Deceased Employees Alaska’s High Court Upholds Total Bar of Recovery for Non-Dependent Parents of Deceased EmployeesIn a divided decision, the Supreme Court of Oklahoma reversed a lower court’s finding and held that a pipeline installation worker’s injuries sustained in a vehicular accident while traveling to...
Divided OK Supreme Court Reverses Denial of Claim Involving Travel to Work Site Divided OK Supreme Court Reverses Denial of Claim Involving Travel to Work SiteConstitutional Provision Protecting Only “Immediate” Employers Does Not Limit Immunity In a decision that has important implications for Montana firms that utilize professional employer organizations (“PEOs”) for their labor forces,...
Montana: Both Parties to Employee Leasing Arrangement Enjoy Exclusive Remedy of State’s Workers’ Compensation Act Montana: Both Parties to Employee Leasing Arrangement Enjoy Exclusive Remedy of State’s Workers’ Compensation ActCA Employers: Stock Up on Your W-2s; Recycle Your 1099s In a decision that continues California’s trend toward allowing the designation of a worker as an independent contractor only under...
California High Court Narrows Rule For Classification of Workers as Independent Contractors California High Court Narrows Rule For Classification of Workers as Independent Contractors