Month: November 2020

Nov 30, 2020

Texas Court Affirms Summary Judgment Favoring Former Employer in Toxic Tort Suit

A Texas appellate court recently affirmed a state trial court’s decision granting summary judgment in favor of a former employer (and a companion company) who had been sued by a...

Texas Court Affirms Summary Judgment Favoring Former Employer in Toxic Tort Suit Texas Court Affirms Summary Judgment Favoring Former Employer in Toxic Tort Suit
Nov 27, 2020

Nevada Court Affirms PTD Award to Undocumented Worker on Odd-Lot Basis

In an unpublished decision, the Supreme Court of Nevada affirmed an award of permanent total disability benefits to an undocumented worker who sustained severe injuries to his head when a...

Nevada Court Affirms PTD Award to Undocumented Worker on Odd-Lot Basis Nevada Court Affirms PTD Award to Undocumented Worker on Odd-Lot Basis
Nov 24, 2020

MD’s Highest Court Says Lower Court Erred in Reversing a Jury’s Finding as to Co-Employer Status

The Court of Appeals of Maryland, in a divided decision, held the state’s Court of Special Appeals erred in concluding, as a matter of law, that Tyson Farms was a...

MD’s Highest Court Says Lower Court Erred in Reversing a Jury’s Finding as to Co-Employer Status MD’s Highest Court Says Lower Court Erred in Reversing a Jury’s Finding as to Co-Employer Status
Nov 23, 2020

Opinion Mondays: Tests for Employment Status Appear to Grow on Trees

Among the factors adding complexity to the issue of whether a particular worker is an employee or an independent contractor is the sheer number of tests that might be utilized...

Opinion Mondays: Tests for Employment Status Appear to Grow on Trees Opinion Mondays: Tests for Employment Status Appear to Grow on Trees
Nov 19, 2020

Texas Employee’s Suit Against Non-Subscribing Employer Can Be Removed to Federal Court

A federal district court in Texas held that a Texas employee’s civil action against his non-subscribing employer did not arise out of the Texas Workers’ Compensation Act (“TWCA”), in spite...

Texas Employee’s Suit Against Non-Subscribing Employer Can Be Removed to Federal Court Texas Employee’s Suit Against Non-Subscribing Employer Can Be Removed to Federal Court
Nov 18, 2020

Medical Provider's Decision to Bill Medicare, Rather than Carrier, Results in NC Employee's Loss of Benefits on Statute of Limitations Grounds

The Court of Appeals of North Carolina affirmed a decision by the state’s Industrial Commission that denied additional medical benefits claimed by an injured worker on statute of limitations grounds...

Medical Provider's Decision to Bill Medicare, Rather than Carrier, Results in NC Employee's Loss of Benefits on Statute of Limitations Grounds Medical Provider's Decision to Bill Medicare, Rather than Carrier, Results in NC Employee's Loss of Benefits on Statute of Limitations Grounds
Nov 17, 2020

New York Painter Fails to Establish Causal Relation Between Employment and Myocardial Infarction

Stressing that the state's Workers' Compensation Board had broad discretion in weighing medical evidence as to causation, a New York appellate court affirmed a decision by the Board denying workers'...

New York Painter Fails to Establish Causal Relation Between Employment and Myocardial Infarction New York Painter Fails to Establish Causal Relation Between Employment and Myocardial Infarction
Nov 16, 2020

Opinion Mondays: COVID-19 and the Going and Coming Rule

Within the community of workers’ compensation professionals, most of our COVID-19 attention has been directed to presumptions of compensability and to the relatively unprecedented awarding of benefits to employees who...

Opinion Mondays: COVID-19 and the Going and Coming Rule Opinion Mondays: COVID-19 and the Going and Coming Rule
Nov 12, 2020

Sedgwick Prevails in Dispute Over Unpaid Prescription Charges for Louisiana Claimant

Reversing a decision of the state’s Office of Workers’ Compensation (OWC), a Louisiana appellate court held the State was not responsible for almost $48,000 in unpaid prescription bills related to...

Sedgwick Prevails in Dispute Over Unpaid Prescription Charges for Louisiana Claimant Sedgwick Prevails in Dispute Over Unpaid Prescription Charges for Louisiana Claimant
Nov 11, 2020

Ohio Staff Hearing Officer is to Utilize Equitable Principles in Reviewing VSSR Settlement Agreements

Where Ohio Adm.Code 4121-3-20(F)(1) provides that a staff hearing officer (“SHO”) is to determine whether an agreed settlement of a violation of a specific safety regulation (VSSR) application is “appropriate...

Ohio Staff Hearing Officer is to Utilize Equitable Principles in Reviewing VSSR Settlement Agreements Ohio Staff Hearing Officer is to Utilize Equitable Principles in Reviewing VSSR Settlement Agreements
Nov 10, 2020

Virginia Court Says Employee’s MRSA Was Consequential Injury Related to Earlier Work-Related Dog Bite

Quoting Larson’s Workers’ Compensation Law, § 10.01, a Virginia appellate court affirmed a decision by the state’s Workers’ Compensation Commission that awarded workers’ compensation benefits to an employee who developed...

Virginia Court Says Employee’s MRSA Was Consequential Injury Related to Earlier Work-Related Dog Bite Virginia Court Says Employee’s MRSA Was Consequential Injury Related to Earlier Work-Related Dog Bite
Nov 9, 2020

Opinion Mondays: California Voters Tell Elected Officials to Leave Their Ride-Sharing Alone

While many politicians and pundits are still trying to digest what did, or didn’t happened in the national election races, at least one state-level electoral preference was made abundantly clear....

Opinion Mondays: California Voters Tell Elected Officials to Leave Their Ride-Sharing Alone Opinion Mondays: California Voters Tell Elected Officials to Leave Their Ride-Sharing Alone