Month: December 2021

Dec 29, 2021

NY Firefighter Successfully Proved PTSD Claim Based Upon Multiple Gruesome Incidents

Noting that a medical opinion need not be expressed with absolute medical certainty as long as it signified a probability of the underlying cause that was supported by a rational...

NY Firefighter Successfully Proved PTSD Claim Based Upon Multiple Gruesome Incidents NY Firefighter Successfully Proved PTSD Claim Based Upon Multiple Gruesome Incidents
Dec 27, 2021

PA Supreme Court “Corrects” Long-Standing Rule Regarding Award of Attorney’s Fees Against Employer Who Reasonably Contests Issues

In a decision that is turning heads in the Keystone State, the Supreme Court of Pennsylvania, stressing the importance differences between two words—“shall” and “may”—reversed a decision by the state’s...

PA Supreme Court “Corrects” Long-Standing Rule Regarding Award of Attorney’s Fees Against Employer Who Reasonably Contests Issues PA Supreme Court “Corrects” Long-Standing Rule Regarding Award of Attorney’s Fees Against Employer Who Reasonably Contests Issues
Dec 24, 2021

California Comp Act Does Not Bar COVID-19 Wrongful Death Claim

In an important decision that is certain to garner attention well beyond California’s borders, a California appellate court denied a petition for writ of mandate filed by an employer who...

California Comp Act Does Not Bar COVID-19 Wrongful Death Claim California Comp Act Does Not Bar COVID-19 Wrongful Death Claim
Dec 21, 2021

IL Supreme Court Sidesteps Important Issue on Technical Grounds

Dodging an issue that had spawned multiple amicus curiae briefs regarding an interesting (and important) question—whether an employee’s representation in a workers’ compensation settlement agreement that he had only suffered...

IL Supreme Court Sidesteps Important Issue on Technical Grounds IL Supreme Court Sidesteps Important Issue on Technical Grounds
Dec 16, 2021

Iowa Court Affirms Denial of Death Benefits in Suicide Case

An Iowa appellate court affirmed a district court’s decision affirming the denial of death benefits to a widow whose husband committed suicide mere hours after he had been terminated from...

Iowa Court Affirms Denial of Death Benefits in Suicide Case Iowa Court Affirms Denial of Death Benefits in Suicide Case
Dec 14, 2021

Federal Court Dismisses Racially-Based IIED Suit Filed Against Co-Employee

A federal district court, construing Missouri law, dismissed a civil action filed by one employee against another alleging negligent infliction of emotional distress (“NIED”) and intentional infliction of emotional distress...

Federal Court Dismisses Racially-Based IIED Suit Filed Against Co-Employee Federal Court Dismisses Racially-Based IIED Suit Filed Against Co-Employee
Dec 13, 2021

Arkansas Court Affirms Revocation of Pharmacy License in Pain Cream Cases

A divided division of the Arkansas Court of Appeals has affirmed a decision by the state’s Board of Pharmacy that revoked the permit and license of a pharmacy and an...

Arkansas Court Affirms Revocation of Pharmacy License in Pain Cream Cases Arkansas Court Affirms Revocation of Pharmacy License in Pain Cream Cases
Dec 10, 2021

SC Appellate Court Chides Commission for Summarily Dismissing Appeal

In a stinging decision, the Court of Appeals of South Carolina ruled that the state’s Workers’ Compensation Commission had abused its discretion in summarily dismissing the appeal by an insurance...

SC Appellate Court Chides Commission for Summarily Dismissing Appeal SC Appellate Court Chides Commission for Summarily Dismissing Appeal
Dec 9, 2021

For Limitations Purposes, a NC Death Claim Cannot Piggy-Back Onto Deceased Employee’s Original Filing

A divided panel of the North Carolina Court of Appeals recently affirmed a decision by the state’s Industrial Commission that had found it lacked jurisdiction to hear a widow’s death...

For Limitations Purposes, a NC Death Claim Cannot Piggy-Back Onto Deceased Employee’s Original Filing For Limitations Purposes, a NC Death Claim Cannot Piggy-Back Onto Deceased Employee’s Original Filing
Dec 7, 2021

PA Police Officer Awarded Benefits for PTSD After “No-Holds-Barred” Meeting

In an unreported opinion, the Commonwealth Court of Pennsylvania affirmed an award of total disability benefits to former police officer for a psychological injury in the form of PTDS, depression,...

PA Police Officer Awarded Benefits for PTSD After “No-Holds-Barred” Meeting PA Police Officer Awarded Benefits for PTSD After “No-Holds-Barred” Meeting
Dec 6, 2021

Oregon Software Worker Fails to Establish Mental Disorder Claim

Illustrating the substantial barrier that many Oregon claimants contend has been erected via the combination of the state’s “clear and convincing evidence” standard and its “major contributing cause” requirement [see...

Oregon Software Worker Fails to Establish Mental Disorder Claim Oregon Software Worker Fails to Establish Mental Disorder Claim
Dec 2, 2021

Slowly Plods the Tortoise: Workcompwriter Celebrates 1,000 Posts

Launch the balloons! Break out the kazoos! Almost exactly ten years ago—on December 14, 2011—I posted my first offering on this website (to see it, click here). It discussed a...

Slowly Plods the Tortoise: Workcompwriter Celebrates 1,000 Posts Slowly Plods the Tortoise: Workcompwriter Celebrates 1,000 Posts