Month: April 2020

Apr 13, 2020

In Illinois, You Need Neither a Legislature Nor a Governor: Comp Commission Unilaterally Changes its Rules of Evidence

In this morning’s post, I was critical of a number of states whose governors had marched to the microphone and camera and, in the face of the COVID-19 pandemic, announced...

In Illinois, You Need Neither a Legislature Nor a Governor: Comp Commission Unilaterally Changes its Rules of Evidence In Illinois, You Need Neither a Legislature Nor a Governor: Comp Commission Unilaterally Changes its Rules of Evidence
Apr 13, 2020

Opinion Mondays: State Governors Have Pens, Who Needs Legislatures?

Since the outbreak of the coronavirus pandemic, a number of state governors (e.g., California, Kentucky, Missouri, and North Dakota) have issued executive orders promising extended workers’ compensation benefits and, in...

Opinion Mondays: State Governors Have Pens, Who Needs Legislatures? Opinion Mondays: State Governors Have Pens, Who Needs Legislatures?
Apr 10, 2020

Broken Ankle Results in Permanent Total Disability for Nebraska Truck Driver

Illustrating yet again, that the age-old adage that an employer generally takes an employee as it finds him or her, a Nebraska appellate court affirmed a finding by the state’s...

Broken Ankle Results in Permanent Total Disability for Nebraska Truck Driver Broken Ankle Results in Permanent Total Disability for Nebraska Truck Driver
Apr 9, 2020

NC Court Narrows State’s Traveling Employee Rule

In a decision that could have important implications for those who travel as part of their work for North Carolina employers, a state appellate court, affirming a decision of the...

NC Court Narrows State’s Traveling Employee Rule NC Court Narrows State’s Traveling Employee Rule
Apr 7, 2020

In Georgia, Borrowed Servant is Co-Employee of Borrowing Employer’s “Regular” Employee

In Georgia, a borrowed servant is, even though temporarily, the co-employee of the borrowing employer’s regular employees. Accordingly, such a borrowed servant may not sue one of the employer’s regular...

In Georgia, Borrowed Servant is Co-Employee of Borrowing Employer’s “Regular” Employee In Georgia, Borrowed Servant is Co-Employee of Borrowing Employer’s “Regular” Employee
Apr 6, 2020

Opinion Mondays: “Old” Case Law May Be Key to Many Coronavirus Claims

Over the past several weeks, as the coronavirus pandemic has raged across the United States, several state governors and a number of state legislatures have announced, and in a few...

Opinion Mondays: “Old” Case Law May Be Key to Many Coronavirus Claims Opinion Mondays: “Old” Case Law May Be Key to Many Coronavirus Claims
Apr 2, 2020

Virginia School Guard’s Injuries Allegedly Caused by Wind Were Not Compensable

Applying Virginia’s so-called “actual risk test,” a state appellate court affirmed a decision by the Virginia Workers’ Compensation Commission that had denied benefits to a school security officer who fell...

Virginia School Guard’s Injuries Allegedly Caused by Wind Were Not Compensable Virginia School Guard’s Injuries Allegedly Caused by Wind Were Not Compensable