Month: April 2022

Apr 29, 2022

Florida Court Stresses There is No “Field Employee” Exception to Statutory Going and Coming Rule

A Florida appellate court held that a judge of compensation claims committed error when he determined that a construction worker who sustained severe injuries in a vehicular accident as he...

Florida Court Stresses There is No “Field Employee” Exception to Statutory Going and Coming Rule Florida Court Stresses There is No “Field Employee” Exception to Statutory Going and Coming Rule
Apr 26, 2022

NY Court Says Existence of Medical Restrictions Are Alone Insufficient to Establish Reduced Earnings Claim

A New York appellate court affirmed the state Board’s rescission of a WCLJ’s reduced earnings award where it found that while the workers’ compensation claimant did have medical restrictions following...

NY Court Says Existence of Medical Restrictions Are Alone Insufficient to Establish Reduced Earnings Claim NY Court Says Existence of Medical Restrictions Are Alone Insufficient to Establish Reduced Earnings Claim
Apr 25, 2022

California High Court May Take Another Look at Employer’s Liability for COVID-19 Contracted by Employee’s Family Member

In an important case that may define—at least in California—an employer’s responsibility for injuries sustained when an employee’s family member contracts COVID-19 as a result of an infection that is...

California High Court May Take Another Look at Employer’s Liability for COVID-19 Contracted by Employee’s Family Member California High Court May Take Another Look at Employer’s Liability for COVID-19 Contracted by Employee’s Family Member
Apr 22, 2022

NY Court Affirms Apportionment of Liability Between Special and General Employers

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that apportioned liability for the benefits due under an injured employee’s workers’ compensation claim between the...

NY Court Affirms Apportionment of Liability Between Special and General Employers NY Court Affirms Apportionment of Liability Between Special and General Employers
Apr 19, 2022

NY Court Disapproves of Board’s Retroactive Disqualification for Lack of Labor Market Attachment

Reversing a portion of a decision by the New York Workers’ Compensation Board, a state appellate court stressed that the appropriate date of a finding of no labor market attachment...

NY Court Disapproves of Board’s Retroactive Disqualification for Lack of Labor Market Attachment NY Court Disapproves of Board’s Retroactive Disqualification for Lack of Labor Market Attachment
Apr 18, 2022

Divided R.I. High Court Says Workers’ Comp Release Was Sufficiently Broad to Bar Discrimination Claim Against Employer

The Supreme Court of Rhode Island, with two justices dissenting, reversed a decision of a county Superior Court judge that had granted summary judgment to a former employee who contended...

Divided R.I. High Court Says Workers’ Comp Release Was Sufficiently Broad to Bar Discrimination Claim Against Employer Divided R.I. High Court Says Workers’ Comp Release Was Sufficiently Broad to Bar Discrimination Claim Against Employer
Apr 4, 2022

Going and Coming Rule Bars Tort Action Filed Against CA Employer

A California appellate court recently affirmed a state trial court’s decision granting summary judgment in favor of a security guard services company that had been sued following a motor vehicle...

Going and Coming Rule Bars Tort Action Filed Against CA Employer Going and Coming Rule Bars Tort Action Filed Against CA Employer