The Intermediate Court of Appeals of Hawai’i recently held that while an employee’s negligent supervision claim against his employer was barred by workers’ compensation exclusivity, he should have been given...
Hawaii: Defamation Claims Against Employer Not Barred by Workers’ Compensation Exclusivity Hawaii: Defamation Claims Against Employer Not Barred by Workers’ Compensation ExclusivityIn Borough of Hollidaysburg v. Detwiler, 2024 Pa. Commw. LEXIS 243 (Nov. 19, 2024), a divided Commonwealth Court of Pennsylvania held that to enjoy the state’s presumption of compensability, volunteer...
Divided PA Court Says “Continuous Service,” Not Level of Activity, Key to Firefighter Cancer Benefits Divided PA Court Says “Continuous Service,” Not Level of Activity, Key to Firefighter Cancer BenefitsIn a decision highlighting the importance of accurate work histories in medical causation opinions, a New York appellate court has upheld the Workers’ Compensation Board’s denial of death benefits in...
NY Court Affirms Board’s Rejection of Medical Opinion Based on Flawed Work History NY Court Affirms Board’s Rejection of Medical Opinion Based on Flawed Work HistoryNearly four years after COVID-19 first disrupted workplaces across America, courts continue to refine their approach to pandemic-related workers’ compensation claims. Three recent decisions from New York’s Appellate Division, Third...
NY Appellate Court Addresses Three Different Types of COVID-19 Claims on Same Day NY Appellate Court Addresses Three Different Types of COVID-19 Claims on Same DayA New York appellate court held that the Workers’ Compensation Law’s exemption of benefits from creditor claims does not shield settlement funds from the state’s Son of Sam Law [Matter...
NY: Workers’ Comp Settlement Not Protected from Son of Sam Law Seizure NY: Workers’ Comp Settlement Not Protected from Son of Sam Law SeizureFlorida’s First DCA recently vacated a workers’ compensation order awarding benefits after finding that a Judge of Compensation Claims (JCC) abused his discretion by not granting a continuance that had...
Florida: Late Change in Doctor’s Causation Opinion Required Hearing Continuance Florida: Late Change in Doctor’s Causation Opinion Required Hearing ContinuanceA Kentucky appellate court has reversed a Workers’ Compensation Board decision that would have allowed a hospital nurse’s COVID-19 claim to proceed under a relaxed causation standard. The Board had...
KY Court Reverses Board: Nurse Failed to Prove COVID-19 Was Work-Related KY Court Reverses Board: Nurse Failed to Prove COVID-19 Was Work-RelatedPersonal Observation In 1977, I stood before the North Carolina Industrial Commission as a young workers’ compensation defense attorney, barely a year into practice, challenging a deputy commissioner’s credibility determination....
De Novo, Deference, or Something in Between: The Complex Landscape of Workers’ Compensation Administrative Review De Novo, Deference, or Something in Between: The Complex Landscape of Workers’ Compensation Administrative ReviewIn another decision highlighting the difficulties faced by workers seeking COVID-19 compensation benefits in jurisdictions lacking a presumption of compensability, a New York appellate court has affirmed the state Board’s...
NY Factory Worker’s COVID-19 Claim Fails: No Showing of Workplace Exposure NY Factory Worker’s COVID-19 Claim Fails: No Showing of Workplace ExposureOn Tuesday, in an unpublished decision, the North Carolina Court of Appeals reversed a trial court’s denial of summary judgment for a corporate defendant in a civil action filed against...
NC Court’s Special Employment Analysis Raises Important Question NC Court’s Special Employment Analysis Raises Important QuestionThe Iowa Court of Appeals recently affirmed a workers’ compensation commissioner’s decision awarding death benefits to a surviving spouse, finding substantial evidence supported the commissioner’s determination that the worker’s fatal...
Iowa: Death Benefits Awarded Where Evidence of Suicide Found Insufficient Iowa: Death Benefits Awarded Where Evidence of Suicide Found InsufficientOrigins and Commercial Context Within commercial and financial contexts, the term “odd lot” has long been used to describe non-standard quantities of goods or securities that, because of their irregular...
Understanding the Odd-Lot Doctrine in Workers’ Compensation Law: Origins, Evolution, and Modern Application Understanding the Odd-Lot Doctrine in Workers’ Compensation Law: Origins, Evolution, and Modern Application