In a decision not designated for publication, an appellate court from the state of Washington affirmed a jury’s determination that an injured worker was intoxic...
Washington Landscaper Denied Benefits After "Blowing" Twice the Legal Limit Washington Landscaper Denied Benefits After "Blowing" Twice the Legal LimitIn a decision that discusses the complex give and take between an injured Pennsylvania employee and an employer who contends that the employee no longer is enti...
PA Commonwealth Court Reverses ALJ's Decision Awarding Unreasonable Contest Fees PA Commonwealth Court Reverses ALJ's Decision Awarding Unreasonable Contest FeesConstruing Colorado law, a federal district court granted, in relevant part, a former employer’s motion for summary judgment in a case filed against it for reta...
Federal District Court Says Proximity of Firing to Filing Claim Was Alone Insufficient to Survive Employer’s Motion for Summary Judgment Federal District Court Says Proximity of Firing to Filing Claim Was Alone Insufficient to Survive Employer’s Motion for Summary JudgmentGovernor and Legislators Might Profit From Reading PA’s Protz Decision The controversial “rule change” put in place two weeks ago by the Illinois Workers’ Compe...
Opinion Mondays: Later Today, IL Comm'n Will Say "Ooops" as to its Presumption of Compensability Opinion Mondays: Later Today, IL Comm'n Will Say "Ooops" as to its Presumption of CompensabilityYesterday, a New York appellate court held that the Board's decision to preclude medical reports of two of claimant's treating physicians was appropriate in spi...
NY Employer/Carrier May Preclude Medical Reports Without Enforcing Subpoenas NY Employer/Carrier May Preclude Medical Reports Without Enforcing SubpoenasA New York appellate court affirmed a determination by a state Workers’ Compensation Law Judge, later upheld by New York’s Board, that disqualified a claimant f...
NY Claimant's False Representations Lead to Disqualification from Future Benefits NY Claimant's False Representations Lead to Disqualification from Future BenefitsAcknowledging that one of the important factors to be considered in determining whether a worker is an independent contractor, rather than an employee, is wheth...
Idaho Court Says Bodies of Tandem Skydivers Are Not "Equipment" Idaho Court Says Bodies of Tandem Skydivers Are Not "Equipment"Construing the state’s traveling employee rules, as those rules pertain to claims for workers’ compensation benefits, a New York appellate court affirmed a deci...
NY Court Construes State’s Traveling Employee Rules and Affirms Award of Benefits NY Court Construes State’s Traveling Employee Rules and Affirms Award of BenefitsCOVID-19 Legislation Continues to Follow Discriminatory Practices The workers’ compensation coronavirus legislation recently passed in Wisconsin and Utah contin...
Opinion Mondays: "The First Shall Be First, and the Last Shall Remain Last" Opinion Mondays: "The First Shall Be First, and the Last Shall Remain Last"In an unusual case with an interesting twist, a New York appellate court yesterday affirmed a decision by a state trial court that denied a defendant's motion f...
Injured NY Worker Who Received Comp Benefits Might Also Recover in Tort Against Co-Worker Injured NY Worker Who Received Comp Benefits Might Also Recover in Tort Against Co-WorkerThe Supreme Court of Missouri, construing the state’s special causation rules for workers’ compensation claims, affirmed a decision by the state’s Labor and Ind...
"First Do No Harm" – Missouri Employee's Injuries At Doctor's Office Not Compensable "First Do No Harm" – Missouri Employee's Injuries At Doctor's Office Not CompensableNew York practitioners are aware that when a party seeks review of a WCLJ's findings, the state's Workers' Compensation Board has become quite strict in its exa...
For NY Board's Form RB-89, Question 15's "When" Did Not Mean a Specific Date For NY Board's Form RB-89, Question 15's "When" Did Not Mean a Specific Date