In a thoughtful and clarifying opinion, the Minnesota Supreme Court has reaffirmed the case-specific nature of the statutory retirement presumption applicable to permanent total disability (PTD) claims under Minn. Stat....
MN High Court Reaffirms Case-Specific Standard in PTD Retirement Presumption Cases MN High Court Reaffirms Case-Specific Standard in PTD Retirement Presumption CasesIntroduction In 1951, the U.S. Supreme Court handed down its decision in O’Leary v. Brown-Pacific-Maxon, Inc., 340 U.S. 504, 71 S.Ct. 470, 95 L.Ed.483 (1951). The case involved a claim...
Throwback Thursday: O’Leary v. Brown-Pacific-Maxon, Inc. (U.S., 1951) Throwback Thursday: O’Leary v. Brown-Pacific-Maxon, Inc. (U.S., 1951)In a ruling that reaffirms Arkansas’ strict interpretation of its “employment services” requirement, the state’s Court of Appeals recently affirmed a Workers’ Compensation Commission decision denying benefits to the family...
Arkansas Court Denies Benefits to Good Samaritan Band Director Arkansas Court Denies Benefits to Good Samaritan Band DirectorIn a decision that further defines the barriers to pursuing civil remedies in workplace injury cases within the Louisiana, a state appellant court recently affirmed summary a trial court judgment...
Louisiana Court Rejects “Borrowed Employee” Theory in Workplace Attack Louisiana Court Rejects “Borrowed Employee” Theory in Workplace AttackReverses Factual Findings Where Evidence Was in Deposition Form In a split decision, the South Dakota Supreme Court reversed—in relevant part—a Department of Labor determination that had ruled a claimant’s...
SD Supreme Court Weighs Conflicting Medical Evidence SD Supreme Court Weighs Conflicting Medical EvidenceIn a thoughtful and clarifying opinion, the Minnesota Supreme Court has reaffirmed the case-specific nature of the statutory retirement presumption applicable to permanent total disability (PTD) claims under Minn. Stat....
MN High Court Reaffirms Case-Specific Standard in PTD Retirement Presumption Cases MN High Court Reaffirms Case-Specific Standard in PTD Retirement Presumption CasesIntroduction In 1951, the U.S. Supreme Court handed down its decision in O’Leary v. Brown-Pacific-Maxon, Inc., 340 U.S. 504, 71 S.Ct. 470, 95 L.Ed.483 (1951). The case involved a claim...
Throwback Thursday: O’Leary v. Brown-Pacific-Maxon, Inc. (U.S., 1951) Throwback Thursday: O’Leary v. Brown-Pacific-Maxon, Inc. (U.S., 1951)In a ruling that reaffirms Arkansas’ strict interpretation of its “employment services” requirement, the state’s Court of Appeals recently affirmed a Workers’ Compensation Commission decision denying benefits to the family...
Arkansas Court Denies Benefits to Good Samaritan Band Director Arkansas Court Denies Benefits to Good Samaritan Band DirectorIn a decision that further defines the barriers to pursuing civil remedies in workplace injury cases within the Louisiana, a state appellant court recently affirmed summary a trial court judgment...
Louisiana Court Rejects “Borrowed Employee” Theory in Workplace Attack Louisiana Court Rejects “Borrowed Employee” Theory in Workplace AttackBackground On September 28, 1973, at approximately 2:30 a.m., James Hawk II, the president, sole stockholder, and chief operating officer of Jim Hawk Chevrolet-Buick, Inc., died when his private airplane...
Throwback Thursday: Hawk v. Jim Hawk Chevrolet-Buick, Inc., 282 N.W.2d 84 (Iowa 1979) Throwback Thursday: Hawk v. Jim Hawk Chevrolet-Buick, Inc., 282 N.W.2d 84 (Iowa 1979)In a decision that underscores the high bar for pursuing civil remedies alongside a workers’ compensation claim, the North Carolina Court of Appeals recently affirmed summary judgment against the estate...
NC Court Rejects Tort Claim for Workplace Fatality NC Court Rejects Tort Claim for Workplace FatalityWhat happens when a claims adjuster clicks the wrong box in the third-party administrator’s software—and it accidentally binds the employer to a workers’ compensation claim? In City of Philadelphia v....
PA Court Upholds Medical-Only Notice of Compensation Payable Issued by Mistake PA Court Upholds Medical-Only Notice of Compensation Payable Issued by MistakeRethinking the Limits of “Course of Employment” In traditional workers’ compensation doctrine, an injury must not only “arise out of” employment but also occur “in the course of” employment. Courts...
Throwback Thursday: Graybeal v. Board of Supervisors (1975) Throwback Thursday: Graybeal v. Board of Supervisors (1975)In a bizarre case that turned on the precise wording of N.Y. Workers' Comp. Law § 10(1), a state appellate court affirmed a Board decision awarding benefits to a claimant...
Rear-Ended While Intoxicated—and Still Covered: A Careful Reading of NY’s § 10(1) Rear-Ended While Intoxicated—and Still Covered: A Careful Reading of NY’s § 10(1)Texas Court Applies Motor Carrier Exception to General Contractor Rule A Texas appellate court has affirmed a trial court’s take-nothing judgment in favor of Texas Mutual Insurance Company, concluding that...
Independent Contractor Peace Officer Not Covered by Workers’ Compensation Independent Contractor Peace Officer Not Covered by Workers’ CompensationBackground The early 20th century saw a seismic shift in how American society approached workplace injuries. Before the widespread adoption of workers' compensation laws, injured workers typically had to sue...
Throwback Thursday: New York Central R. Co. v. White (1917) Throwback Thursday: New York Central R. Co. v. White (1917)
New Comments