Citing precedent from the Supreme Court of Texas, a lower appellate court held that the going and coming rule—a creature of the workers’ compensation setting—could be applied in plaintiff’s vicarious-liability...
Going and Coming Rule Bars Recovery in Texas Plaintiff’s Vicarious Liability Action Going and Coming Rule Bars Recovery in Texas Plaintiff’s Vicarious Liability ActionIn a decision not designated for publication, an Illinois appellate court held that a trial court did not err in granting judgment on the pleadings favoring an auto insurance company...
UIM Insurer May Offset IL Employee’s Comp Benefits Against Policy Obligation UIM Insurer May Offset IL Employee’s Comp Benefits Against Policy ObligationThe Supreme Court of Ohio, affirming a decision of a lower state appellate court, held that the Ohio Industrial Commission had properly rejected a proposed settlement related to an employer’s...
Ohio Supreme Court Reiterates Commission’s Power to Reject Settlements in VSSR cases Ohio Supreme Court Reiterates Commission’s Power to Reject Settlements in VSSR casesThe Appellate Court of Connecticut affirmed an award of death benefits to the spouse of an employee who committed suicide following a work-related knee injury, finding that substantial evidence supported...
CT Court Affirms Death Benefits Award Following Suicide CT Court Affirms Death Benefits Award Following SuicideOCGA § 34-9-11.1, Georgia’s statute that gives the insurer (or employer) the right to “assert the employee’s cause of action in tort” against a third party or parties if the...
Subrogated Georgia Insurer Has No Fiduciary Duty to Protect Injured Employee’s Interests Subrogated Georgia Insurer Has No Fiduciary Duty to Protect Injured Employee’s InterestsIn two companion decisions, a divided Supreme Court of Minnesota held that the state’s Workers’ Compensation Court of Appeals (WCCA) lacks jurisdiction to decide whether federal law preempts Minnesota law...
MN Supreme Court Says No to Mandatory Reimbursement for Medical Marijuana MN Supreme Court Says No to Mandatory Reimbursement for Medical MarijuanaIn a case of first impression, the Supreme Court of New Hampshire, adopted the “chain-of-causation test” for suicides and affirmed a decision by the state’s Compensation Appeals Board (CAB) that...
New Hampshire High Court Adopts “Chain-of-Causation Test” for Suicides New Hampshire High Court Adopts “Chain-of-Causation Test” for SuicidesThe New York Workers’ Compensation Board was within its powers when it found an injured worker had violated N.Y. Workers’ Comp. Law § 114-a, by failing to disclose on an...
Failure of Injured NY Worker to Disclose Auto Accident to IME Physician Results in Loss of Benefits Failure of Injured NY Worker to Disclose Auto Accident to IME Physician Results in Loss of BenefitsDespite the fact that a workers’ compensation insurer was aware of an injured worker’s third-party action against the driver of a motor vehicle, and even received and accepted more than...
NY Worker Barred From Future Benefits Even After Paying Comp Insurer $63K From Settlement Proceeds NY Worker Barred From Future Benefits Even After Paying Comp Insurer $63K From Settlement ProceedsW. Va. Code 23-4-15(a), which requires workers’ compensation claims to be filed within six months from and after the date of injury or death, as the case may be, is...
West Virginia Court Stresses Six-Month Statute of Limitations is Strictly Construed West Virginia Court Stresses Six-Month Statute of Limitations is Strictly ConstruedWhere a Florida workers’ compensation claimant disagreed with the medical opinion of the employer/carrier’s authorized physician, sought a one-time change in physicians pursuant to § 440.13(2)(f), Fla. Stat., saw a...
Florida JCC Errs in Failing to Appoint EMA to Resolve Medical Dispute Florida JCC Errs in Failing to Appoint EMA to Resolve Medical DisputeA Wisconsin appellate court held that a deceased worker’s automobile insurance carrier, which had written a policy that included underinsured motorist’s (UIM) limits of $250,000, may only reduce its coverage...
Wisconsin Court Says UIM Carrier May Not Deduct Comp Benefits Subject to Subrogation Lien Wisconsin Court Says UIM Carrier May Not Deduct Comp Benefits Subject to Subrogation Lien