An Ohio appellant court recently held that the state’s Bureau of Workers’ Compensation (“BWC”) was immune from tort liability in a civil action filed against it by the estate of...
Ohio Bureau of Workers’ Comp Immune From Tort Liability for Alleged Faulty Inspections Ohio Bureau of Workers’ Comp Immune From Tort Liability for Alleged Faulty InspectionsA determination by the New York Workers’ Compensation Board that a claimant made false representations regarding material facts in violation of N.Y. Workers’ Comp. Law § 114-a was supported by...
Video Surveillance & Social Media Result in Misconduct Finding by NY Board Video Surveillance & Social Media Result in Misconduct Finding by NY BoardThe grant of immunity afforded to subcontractors enrolled in an Ohio contractor’s self-insurance plan [see Ohio Rev. Code Ann. § 4123.35(O)] from claims by employees of another enrolled subcontractor does...
Immunity Afforded to Ohio Subcontractors Under Contractor’s Self-Insurance Plan is Constitutional Immunity Afforded to Ohio Subcontractors Under Contractor’s Self-Insurance Plan is ConstitutionalIn a deeply divided (5-4) decision, the Supreme Court of Oklahoma recently held that a provision in the state’s workers’ compensation law [Okla. Stat. tit. 85A, § 89] allowing an...
Deeply Divided Oklahoma High Court Says Reduction of PPD Allowed Where Employer Paid Full Wages During Police Officer’s Disability Period Deeply Divided Oklahoma High Court Says Reduction of PPD Allowed Where Employer Paid Full Wages During Police Officer’s Disability PeriodIn an ancient decision (one year older than me), Day v. Day, 216 S.C. 334, 58 S.E.2d 83 (1950), the Supreme Court of South Carolina, reflecting the general moral mindset...
South Carolina: In Dependency Case, Commission May Not Presume “Fornication” Occurred South Carolina: In Dependency Case, Commission May Not Presume “Fornication” OccurredIn Nevada, under Nev. Rev. Stat. § 616B.578, in order for an employer to receive reimbursement from the state’s “Subsequent Injury Account,” it must prove that that it had knowledge...
Nevada Employer Need Not Show Knowledge of Specific Medical Diagnosis to Recover from Subsequent Injury Fund Nevada Employer Need Not Show Knowledge of Specific Medical Diagnosis to Recover from Subsequent Injury FundThe Supreme Court of North Dakota recently affirmed an ALJ’s finding that the filing of a worker’s claim some 29 months after the work incident was not timely, and, therefore,...
29-Month Delay in Filing North Dakota Claim Bars Recovery 29-Month Delay in Filing North Dakota Claim Bars RecoveryIn a divided decision, a New York appellate court recently held that the state’s Workers’ Compensation Board abused its discretion when it excluded from the record a physician’s medical report...
New York Court Says Attorney’s Ex Parte Text Message to Physician Was Harmless New York Court Says Attorney’s Ex Parte Text Message to Physician Was Harmless