In a case involving an utterly bizarre fact pattern, as well as a legal battle stretching out over the bulk of a decade, the Supreme Court of California, in a.....
Opinion Mondays: Is California's "Posse Law" Passé? Opinion Mondays: Is California's "Posse Law" Passé?The Supreme Court of Connecticut held that a transplanted heart is not in the nature of a prosthetic device. Accordingly, where a police officer sustained a com...
CT High Court Says Transplanted Heart is Not a Prosthetic Device CT High Court Says Transplanted Heart is Not a Prosthetic DeviceThe Supreme Court of Connecticut, in a split decision, held that, under Conn. Gen. Stat. § 31-291, the city of Bridgeport was the “principal employer” of an emp...
CT Municipality Liable for Benefits Owed to Employee of Uninsured Roofing Subcontractor CT Municipality Liable for Benefits Owed to Employee of Uninsured Roofing SubcontractorA civil action filed by an injured worker against a third-party claims administrator for alleged improper claims handling may proceed, held a Delaware court rec...
Delaware Worker's Tort Suit Against TPA May Continue Delaware Worker's Tort Suit Against TPA May ContinueThe North Carolina Supreme Court, in a split decision, reversed an earlier decision by the state's Court of Appeals, and held that because the employer's commer...
Special Endorsement in NC Commercial Auto Policy Sinks Employer/Insurer's Subrogation Claim Special Endorsement in NC Commercial Auto Policy Sinks Employer/Insurer's Subrogation ClaimA Washington appellate court reversed a determination by a state superior court that had determined that a staffing firm, which assigned temporary workers to a ...
Washington Staffing Firm Was Not Employer For Purposes of Safety Violations Washington Staffing Firm Was Not Employer For Purposes of Safety ViolationsIn a split decision, the Superior Court of Pennsylvania held that a well owner and another firm that provided well services to the well owner were not the statu...
Pennsylvania Well Owner and Service Provider Were Not Statutory Employers of Truck Driver Making Delivery Pennsylvania Well Owner and Service Provider Were Not Statutory Employers of Truck Driver Making DeliveryThe first session at tomorrow afternoon’s virtual conference, sponsored by Workers’ Compensation Institute, has really piqued my interest. Entitled, “THE NEW AM...
Opinion Mondays: The AMA is on Another Collision Course With Protz Opinion Mondays: The AMA is on Another Collision Course With ProtzThe Supreme Court of Minnesota recently held that a health care provider who voluntarily declined to intervene in a pending workers’ compensation proceeding aft...
Minnesota Chiropractor's Inaction Causes Loss of $9K in Medical Care Charges Minnesota Chiropractor's Inaction Causes Loss of $9K in Medical Care ChargesA New Jersey appellate court affirmed a state trial court’s decision to grant summary judgment in favor of a defendant supply company in a civil action filed ag...
NJ Worker's Tort Action Against Supply Company Fails on Exclusivity Grounds NJ Worker's Tort Action Against Supply Company Fails on Exclusivity GroundsA North Carolina appellate court affirmed a decision by the state’s Industrial Commission that denied an employee’s claim for an alleged occupational disease du...
NC Claims Rep's Occupational Disease Claim for Anxiety and Depression Fails NC Claims Rep's Occupational Disease Claim for Anxiety and Depression FailsConstruing Tenn. Code Ann. § 50-6-204(d)(5), pursuant to which a presumption of correctness is afforded to the impairment rating provided by an independent medi...
TN Appeals Panel Clarifies Presumption of Correctness Afforded to MIR Physician's Impairment Rating TN Appeals Panel Clarifies Presumption of Correctness Afforded to MIR Physician's Impairment Rating