Month: November 2021

Nov 30, 2021

Full-Time, Seasonal Work Sinks Missouri Worker’s Second Injury Fund Claim

Where a Missouri employee was able to work on a full-time, seasonable basis following a second work-related injury, the Missouri Commission did not err in finding that the employee had...

Full-Time, Seasonal Work Sinks Missouri Worker’s Second Injury Fund Claim Full-Time, Seasonal Work Sinks Missouri Worker’s Second Injury Fund Claim
Nov 29, 2021

Oregon Employee’s Slip and Fall Claim in “Annex Parking Area” Not Barred by Going and Coming Rule

Construing the “parking lot” exception to the standard going and coming rule, an Oregon appellate court affirmed an award of benefits to a dental hygienist who sustained injuries when she...

Oregon Employee’s Slip and Fall Claim in “Annex Parking Area” Not Barred by Going and Coming Rule Oregon Employee’s Slip and Fall Claim in “Annex Parking Area” Not Barred by Going and Coming Rule
Nov 22, 2021

Waiting 19 Months to Seek Medical Treatment Proves Fatal to NY Claims Examiner’s Case

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that denied benefits to a claims examiner who alleged that she had sustained injuries to her...

Waiting 19 Months to Seek Medical Treatment Proves Fatal to NY Claims Examiner’s Case Waiting 19 Months to Seek Medical Treatment Proves Fatal to NY Claims Examiner’s Case
Nov 16, 2021

Florida’s Second DCA Reverses Itself; Public Utility Was “Contractor” as to its Maintenance Efforts

Following Tampa Electric Company's motion for rehearing regarding its October 20, 2020 decision, in which Florida’s Second District Court of Appeal had held that the public utility company’s obligation to...

Florida’s Second DCA Reverses Itself; Public Utility Was “Contractor” as to its Maintenance Efforts Florida’s Second DCA Reverses Itself; Public Utility Was “Contractor” as to its Maintenance Efforts
Nov 11, 2021

Alaska Supreme Court Says Estate’s Wrongful Death Action is Barred by Exclusivity Even When Comp Benefits are Limited to Burial Expenses

Addressing a difficult factual pattern for the second time, the Supreme Court of Alaska affirmed a trial court’s decision that had granted summary judgment in favor of a general contractor...

Alaska Supreme Court Says Estate’s Wrongful Death Action is Barred by Exclusivity Even When Comp Benefits are Limited to Burial Expenses Alaska Supreme Court Says Estate’s Wrongful Death Action is Barred by Exclusivity Even When Comp Benefits are Limited to Burial Expenses
Nov 9, 2021

Battle of the Forms: NY Board Abuses Discretion in Failing to Reopen Claim

Where there was a clear discrepancy between the schedule loss of use (SLU) percentage indicated on the face of a surgeon’s C-4.3 form (Doctor’s Report of Maximum Medical Improvement/Permanent Impairment)...

Battle of the Forms: NY Board Abuses Discretion in Failing to Reopen Claim Battle of the Forms: NY Board Abuses Discretion in Failing to Reopen Claim
Nov 8, 2021

Utah High Court Hints that Intentional Tort Exception to Exclusivity Might Not Apply to Occupational Disease Claims

Observing that Utah has recognized the intentional tort exception to exclusivity in cases falling under the state’s Workers’ Compensation Act (WCA), but had not (yet) extended the exception to cases...

Utah High Court Hints that Intentional Tort Exception to Exclusivity Might Not Apply to Occupational Disease Claims Utah High Court Hints that Intentional Tort Exception to Exclusivity Might Not Apply to Occupational Disease Claims
Nov 2, 2021

Kentucky High Court Construes Mental Injury Statute and Affirms Award

Acknowledging that pursuant to KRS 342.0011(1), Kentucky does not allow recovery for work-related psychological injuries unless they are the “direct result” of a physical injury [emphasis added], the Supreme Court...

Kentucky High Court Construes Mental Injury Statute and Affirms Award Kentucky High Court Construes Mental Injury Statute and Affirms Award
Nov 1, 2021

Washington Supreme Court Says Staffing Agencies May Sometimes Be Liable for Safety Violations

Addressing an important issue within the modern workplace—whether in a joint employment context, staffing agencies may be liable employers for safety violations under the Washington Industrial Safety and Health Act...

Washington Supreme Court Says Staffing Agencies May Sometimes Be Liable for Safety Violations Washington Supreme Court Says Staffing Agencies May Sometimes Be Liable for Safety Violations