Month: August 2020

Aug 31, 2020

Opinion Mondays: Is California's "Posse Law" Passé?

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?
Aug 27, 2020

CT High Court Says Transplanted Heart is Not a Prosthetic Device

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 compensable rare autoimmune disease...

CT High Court Says Transplanted Heart is Not a Prosthetic Device CT High Court Says Transplanted Heart is Not a Prosthetic Device
Aug 26, 2020

CT Municipality Liable for Benefits Owed to Employee of Uninsured Roofing Subcontractor

The 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 employee of an...

CT Municipality Liable for Benefits Owed to Employee of Uninsured Roofing Subcontractor CT Municipality Liable for Benefits Owed to Employee of Uninsured Roofing Subcontractor
Aug 25, 2020

Delaware Worker's Tort Suit Against TPA May Continue

A civil action filed by an injured worker against a third-party claims administrator for alleged improper claims handling may proceed, held a Delaware court recently [see Ferrari v. Helmsman Mgmt....

Delaware Worker's Tort Suit Against TPA May Continue Delaware Worker's Tort Suit Against TPA May Continue
Aug 21, 2020

Special Endorsement in NC Commercial Auto Policy Sinks Employer/Insurer's Subrogation Claim

The 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 commercial auto policy contained an...

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 Claim
Aug 20, 2020

Washington Staffing Firm Was Not Employer For Purposes of Safety Violations

A Washington appellate court reversed a determination by a state superior court that had determined that a staffing firm, which assigned temporary workers to a specific entity, could be liable...

Washington Staffing Firm Was Not Employer For Purposes of Safety Violations Washington Staffing Firm Was Not Employer For Purposes of Safety Violations
Aug 18, 2020

Pennsylvania Well Owner and Service Provider Were Not Statutory Employers of Truck Driver Making Delivery

In 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 statutory employers...

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 Delivery
Aug 17, 2020

Opinion Mondays: The AMA is on Another Collision Course With Protz

The first session at tomorrow afternoon’s virtual conference, sponsored by Workers’ Compensation Institute, has really piqued my interest. Entitled, “THE NEW AMA Guides®” (hereinafter “the Guides”), it begs the question:...

Opinion Mondays: The AMA is on Another Collision Course With Protz Opinion Mondays: The AMA is on Another Collision Course With Protz
Aug 14, 2020

Minnesota Chiropractor's Inaction Causes Loss of $9K in Medical Care Charges

The Supreme Court of Minnesota recently held that a health care provider who voluntarily declined to intervene in a pending workers’ compensation proceeding after receiving timely and adequate notice of...

Minnesota Chiropractor's Inaction Causes Loss of $9K in Medical Care Charges Minnesota Chiropractor's Inaction Causes Loss of $9K in Medical Care Charges
Aug 11, 2020

NJ Worker's Tort Action Against Supply Company Fails on Exclusivity Grounds

A 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 against it by...

NJ Worker's Tort Action Against Supply Company Fails on Exclusivity Grounds NJ Worker's Tort Action Against Supply Company Fails on Exclusivity Grounds
Aug 10, 2020

NC Claims Rep's Occupational Disease Claim for Anxiety and Depression Fails

A North Carolina appellate court affirmed a decision by the state’s Industrial Commission that denied an employee’s claim for an alleged occupational disease due to excessive stress and other pressures...

NC Claims Rep's Occupational Disease Claim for Anxiety and Depression Fails NC Claims Rep's Occupational Disease Claim for Anxiety and Depression Fails
Aug 5, 2020

TN Appeals Panel Clarifies Presumption of Correctness Afforded to MIR Physician's Impairment Rating

Construing 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 medical evaluator who has been selected from...

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