Month: April 2021

Apr 29, 2021

Federal Court Allows Comp Insurer to Intervene in Injured Worker’s Third-Party Action

Providing a casebook-like discussion of the issues related to a workers’ compensation insurer’s intervention in a third-party civil action, the U.S. District Court for the Eastern District of Missouri held...

Federal Court Allows Comp Insurer to Intervene in Injured Worker’s Third-Party Action Federal Court Allows Comp Insurer to Intervene in Injured Worker’s Third-Party Action
Apr 28, 2021

Illinois Court Tacitly Says No Recovery Since Injury Was Claimant’s Fault

An Illinois appellate court affirmed the denial of workers’ compensation benefits to a university employee who sustained injuries when she tripped and fell as she stepped over a chain barrier...

Illinois Court Tacitly Says No Recovery Since Injury Was Claimant’s Fault Illinois Court Tacitly Says No Recovery Since Injury Was Claimant’s Fault
Apr 27, 2021

West Virginia High Court Says Unexplained Fall is Compensable

In a memorandum opinion, the Supreme Court of Appeals of West Virginia affirmed a decision by the state’s Workers’ Compensation Office of Judges, which had been affirmed by the Board...

West Virginia High Court Says Unexplained Fall is Compensable West Virginia High Court Says Unexplained Fall is Compensable
Apr 26, 2021

Sixth Circuit Affirms $50K Punitive Damages Award for TN Employer’s Retaliation Against Undocumented Worker

In a case that has yo-yo’d between a federal district court (W.D. Tenn.) and the Sixth Circuit Court of Appeals, the latter affirmed, in relevant part, a decision by the...

Sixth Circuit Affirms $50K Punitive Damages Award for TN Employer’s Retaliation Against Undocumented Worker Sixth Circuit Affirms $50K Punitive Damages Award for TN Employer’s Retaliation Against Undocumented Worker
Apr 23, 2021

In Missouri “Upside-Down” Case, Parents Fail to Prove Son’s Death was Caused by Obesity

In an unusual, “upside-down” case, in which the parents of a deceased employee argued that their son’s death was not compensable, because it was caused, in part they claimed, by...

In Missouri “Upside-Down” Case, Parents Fail to Prove Son’s Death was Caused by Obesity In Missouri “Upside-Down” Case, Parents Fail to Prove Son’s Death was Caused by Obesity
Apr 22, 2021

Girlfriend’s Dependency Claim Filed in Face of NC Supreme Court Decision Does Not Warrant Sanctions

Notwithstanding the doctrine of stare decisis, in this case a clear holding by the North Carolina Supreme Court that a person living in cohabitation with another, to whom he or...

Girlfriend’s Dependency Claim Filed in Face of NC Supreme Court Decision Does Not Warrant Sanctions Girlfriend’s Dependency Claim Filed in Face of NC Supreme Court Decision Does Not Warrant Sanctions
Apr 20, 2021

Iowa Court Says “Near Miss” Report Can Serve as Notice of Injury to Employer

Affirming a decision by an Iowa district court that found, under the circumstances of the case, that the employee had provided the employer with sufficient notice of injury pursuant to...

Iowa Court Says “Near Miss” Report Can Serve as Notice of Injury to Employer Iowa Court Says “Near Miss” Report Can Serve as Notice of Injury to Employer
Apr 19, 2021

NY Worker’s Failure to Stay in Touch With Employer Results in Finding that Worker Withdrew From Labor Market

Observing that in New York, the issue of voluntary retirement and/or withdrawal from the labor market were factual issues to be determined by the Board, and that the Board had...

NY Worker’s Failure to Stay in Touch With Employer Results in Finding that Worker Withdrew From Labor Market NY Worker’s Failure to Stay in Touch With Employer Results in Finding that Worker Withdrew From Labor Market
Apr 16, 2021

Job Application Inconsistencies Excused by NY Claimant’s Lack of Computer Skills

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found a claimant had not violated N.Y. Workers’ Comp. Law § 114-a, where various potential...

Job Application Inconsistencies Excused by NY Claimant’s Lack of Computer Skills Job Application Inconsistencies Excused by NY Claimant’s Lack of Computer Skills
Apr 15, 2021

Colorado Comp Carrier’s Settlement With Third-Party Defendant Partially Undermines Employee’s Tort Claim

A deeply divided Supreme Court of Colorado (three justices dissenting), reversing in relevant part a decision of a split division of the Court of Appeals, held that a settlement between...

Colorado Comp Carrier’s Settlement With Third-Party Defendant Partially Undermines Employee’s Tort Claim Colorado Comp Carrier’s Settlement With Third-Party Defendant Partially Undermines Employee’s Tort Claim
Apr 14, 2021

NJ Supreme Court Agrees Employer May Be Required to Reimburse for Medical Marijuana

Yesterday, the Supreme Court of New Jersey, in Hager v. M&K Construction, 2021 N.J. LEXIS 332 (April 13, 2021), affirmed a decision of the state’s Appellate Division that earlier had...

NJ Supreme Court Agrees Employer May Be Required to Reimburse for Medical Marijuana NJ Supreme Court Agrees Employer May Be Required to Reimburse for Medical Marijuana
Apr 12, 2021

Opinion Mondays: NY Recreational Marijuana Law Could End Most Post-Injury Cannabis Testing

For some time now, in many states, when a worker has sustained a work-related injury requiring treatment at an emergency department or hospital, he or she typically has had two...

Opinion Mondays: NY Recreational Marijuana Law Could End Most Post-Injury Cannabis Testing Opinion Mondays: NY Recreational Marijuana Law Could End Most Post-Injury Cannabis Testing