Construing Virginia’s intentional violation of a known safety rule statute [Va. Code § 65.2-306(A)], a state appellate court affirmed an award of workers’ compensation benefits to an employee who sustained...
Virginia Claimant Did Not Violate Known Safety Rule in Connection with Injury Virginia Claimant Did Not Violate Known Safety Rule in Connection with InjuryReiterating New York’s special “gray area” rule, pursuant to which injuries sustained in public areas near the employment—but not on the employer’s premises—are nevertheless compensable where the risks of street...
NY Court Agrees Claimant’s Injuries Occurred Within “Gray Area” of Employment NY Court Agrees Claimant’s Injuries Occurred Within “Gray Area” of EmploymentA New York appellate court affirmed a determination by the state’s Workers’ Compensation Board that the surviving spouse of a deceased worker failed to establish—by competent medical evidence—that his wife’s...
Surviving Spouse Fails to Show Causal Connection Between NY Injury and Decedent’s Subsequent Death Surviving Spouse Fails to Show Causal Connection Between NY Injury and Decedent’s Subsequent DeathThe Pennsylvania Commonwealth Court held a WCJ appropriately relied upon the medical opinion of the employer’s examining physician in which the doctor opined that the workers’ compensation claimant had made...
PA Claimant’s Benefits Terminated: 18 Months of Home Remedies Did Not Constitute Medical Treatment PA Claimant’s Benefits Terminated: 18 Months of Home Remedies Did Not Constitute Medical TreatmentA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that denied a claim for consequential Lyme disease in spite of an opinion offered by an...
NY Worker Fails to Establish Claim for Lyme Disease NY Worker Fails to Establish Claim for Lyme DiseaseAn Ohio appellate court affirmed the denial of workers’ compensation benefits to a home health care aide who sustained a T12 vertebrae compression fracture when she slipped and fell on...
Ohio Home Health Aide’s Injuries Outside Client’s Residence Not Compensable Ohio Home Health Aide’s Injuries Outside Client’s Residence Not CompensableA Virginia appellate court, yet again reiterating the state’s version of the “actual risk rule” [see Larson’s Workers’ Compensation Law, § 3.04] affirmed a decision by the state’s Workers’ Compensation...
Virginia Worker’s Fall on Workplace Steps is Not Compensable Virginia Worker’s Fall on Workplace Steps is Not CompensableIn a split decision, an Arizona appellate court affirmed a finding by the state’s Industrial Commission that a police officer failed to establish a compensable workers’ compensation claim based on...
AZ Police Officer’s PTSD Claim Fails Since Stress was not Unexpected AZ Police Officer’s PTSD Claim Fails Since Stress was not UnexpectedA Pennsylvania appellate court reversed a decision of a state workers’ compensation judge, affirmed by the state’s Board, that had denied workers’ compensation benefits to a janitor who sustained injuries...
PA Court Says Janitor’s Fall Near Entrance of Building is Compensable PA Court Says Janitor’s Fall Near Entrance of Building is CompensableIn an Illinois personal injury action filed by a temporary worker who had been assigned by a temporary staffing agency to a packaging company, both the “loaning” employer and the...
Illinois Court Stresses that Both Loaning and Borrowing Employers are Immune From Tort Liability Illinois Court Stresses that Both Loaning and Borrowing Employers are Immune From Tort Liability