Court Nevertheless Reverses and Remands Board’s Decision That Had Awarded Benefits The Court of Appeals of Oregon recently reiterated that a mere susceptibility or predisposition that does not contribute to...
Oregon Court Reiterates that “Susceptible to” Does Not Equate with “Preexisting Condition” Oregon Court Reiterates that “Susceptible to” Does Not Equate with “Preexisting Condition”Recent Decisions Reach Opposite Conclusions in Dog-Tripping Incidents According to a recent report published by the Bureau of Labor Statistics, as many as 22 percent of the American labor force...
Home-Based Workers: Beware of Four-Legged “Best Friends” Home-Based Workers: Beware of Four-Legged “Best Friends”On Tuesday of this week, the Supreme Court of Rhode Island affirmed a determination by a state trial court that granted summary judgment, on exclusive remedy grounds [see R.I. Gen....
Rhode Island’s Exclusive Remedy Rule Shields Worker Who Engaged in Dangerous Horseplay Rhode Island’s Exclusive Remedy Rule Shields Worker Who Engaged in Dangerous HorseplayIn an unusual case that illustrates Virginia’s restrictive “arising out of the employment” test, a state appellate court yesterday affirmed the denial of workers’ compensation benefits to a former police...
Virginia Police Officer’s Slip and Fall While Trying to Get Out of Pouring Rain is Not Compensable Virginia Police Officer’s Slip and Fall While Trying to Get Out of Pouring Rain is Not CompensableAn Ohio appellate court has refused to require a claimant seeking PTD benefits to deliver a signed, unlimited medical release to the employer [State ex rel. Costco Wholesale Corp. v....
Ohio Employer Not Entitled to Unlimited Medical Release Ohio Employer Not Entitled to Unlimited Medical ReleaseIn a second recent case construing the effects of Kan. Stat. Ann. § 44-523(f)(1), which, according to the first such case, Glaze v. Williams, 2019 Kan. LEXIS 75 (Apr. 19,...
Kansas High Court Says Amendment to “Failure to Move Forward” Statute Applies Retroactively Kansas High Court Says Amendment to “Failure to Move Forward” Statute Applies RetroactivelyDivided Kansas Supreme Court Argues Over Workers’ Comp Act’s “Failure to Move Forward” Statute In a divided decision, the Supreme Court of Kansas held that Kan. Stat. Ann. § 44-523(f)(1)...
What’s In A Comma? What’s In A Comma?A commercial truck driver, who sustained injuries during an unpaid pre-employment drive test that consisted of an actual delivery for the prospective employer, was not a “worker,” as that term...
Oregon Supreme Court: Minimum Wage Law May Not Be Used to Determine Claimant’s Status as “Worker” Oregon Supreme Court: Minimum Wage Law May Not Be Used to Determine Claimant’s Status as “Worker”Court Says Board Mischaracterized Videotape Surveillance Evidence A New York appellate court reversed a decision by the state’s Workers’ Compensation Board that disqualified a claimant from receiving future wage replacement...
NY Court Reverses Board’s Decision to Disqualify Claimant From Future Benefits NY Court Reverses Board’s Decision to Disqualify Claimant From Future Benefits45-Year Employee Did Not Face Similar Risk in Non-Employment Life A Missouri appellate court affirmed a decision by the state’s Labor and Industrial Relations Commission that awarded workers’ compensation benefits...
Missouri Court Affirms Award for Fall in Employer’s Parking Garage Missouri Court Affirms Award for Fall in Employer’s Parking GarageLien Allowed in Spite of Fact that Children Had Been Adopted by Step-Father In a 5-4 decision, the Court of Appeals of Mississippi held the biological children of a deceased...
Deeply Divided MS Court Says Deceased Employee’s Ex-Wife May Impose Lien for Child Support Deeply Divided MS Court Says Deceased Employee’s Ex-Wife May Impose Lien for Child SupportAn Ohio appellate court erred when, in trying to determine if a claimant was part of the active workforce, it turned to an article describing how the United States Department...
Ohio Supreme Court Says Federal Employment Standards May Not Be Used to Determine if Claimant Was Part of Workforce Ohio Supreme Court Says Federal Employment Standards May Not Be Used to Determine if Claimant Was Part of Workforce