LA Fourth Circuit, 3–2, Holds Dump-Truck Driver Paid 25% of Truck Earnings Was an Employee Despite 1099; Dissent Invokes Manifest-Error Review The Louisiana Court of Appeal, Fourth Circuit recently reversed...
Louisiana Court: Paid a Percentage, Still an Employee Louisiana Court: Paid a Percentage, Still an EmployeeKY Supreme Court Holds the Statutory Presumption Against Recovery for Intoxicating Substances Does Not Apply to Alcohol The Kentucky Supreme Court has affirmed benefits for a traffic flagger who was...
Alcohol Falls Outside KY’s Presumption of Causation Alcohol Falls Outside KY’s Presumption of CausationFL First DCA Holds Harlem’s Narrow “Heart Disease” Definition Does Not Bar a Firefighter’s Arrhythmia Claim Under the Heart-Lung Presumption Florida’s First District Court of Appeal has affirmed an award...
The Heart Has Wiring, Too The Heart Has Wiring, TooOregon Court Applies New Claim-Closure Requirements to Case Pending on Judicial Review The Oregon Court of Appeals has held that 2022 amendments limiting retroactive “medically stationary” determinations apply to a...
“Closed” Under Old Rules, Reprocessed Under New “Closed” Under Old Rules, Reprocessed Under NewA New York appellate court has agreed with Wendy White, prominent opera singer at the Metropolitan Opera House at Lincoln Center (“the Met”), that White is not an employee and,...
“Star” Opera Singer is not Employee of the Metropolitan Opera House “Star” Opera Singer is not Employee of the Metropolitan Opera HouseAs most of us are aware, OSHA’s final rule regarding, inter alia, anti-retaliation protections within the workplace was published May 12, 2016. Technically effective on August 10, 2016, OSHA delayed...
Ohio Decision Illustrates Conflict Between OSHA’s New Anti-Retaliation Rule and Drug-Free Workplace Policies Ohio Decision Illustrates Conflict Between OSHA’s New Anti-Retaliation Rule and Drug-Free Workplace Policies© Copyright 2016. Thomas A. Robinson. All rights reserved. For reprint permission, contact tom@workcompwriter.com. For the past ten Decembers or so, I have annually compiled what I think are the...
The Top 10 Bizarre Workers’ Comp Cases for 2016 The Top 10 Bizarre Workers’ Comp Cases for 2016A Nebraska county court lacked subject matter jurisdiction when it conducted a subrogation hearing to determine a workers’ compensation insurer’s interest in a wrongful death settlement that had been reached...
Nebraska County Courts Lack Jurisdiction to Determine Comp Insurer’s Subrogation Interest Nebraska County Courts Lack Jurisdiction to Determine Comp Insurer’s Subrogation InterestIn a deeply divided decision, the Supreme Court of Arkansas recently held that a wrongful death action filed against a deceased worker’s employer was barred by the exclusive remedy provisions...
Arkansas Estate’s Wrongful Death/Mesothelioma Case Barred by “Catch–22” Arkansas Estate’s Wrongful Death/Mesothelioma Case Barred by “Catch–22”Jane and I are seven days into a 10-day cruise to (and from) the Panama Canal. I’m gloating, of course. While even our native Durham, North Carolina, is currently shivering,...
Shall We Dance—New Book Describes Complex, Psychological Tango Between Physician and Patient Over Opioid Prescriptions Shall We Dance—New Book Describes Complex, Psychological Tango Between Physician and Patient Over Opioid PrescriptionsThe Supreme Court of Tennessee’s Special Workers’ Compensation Appeals Panel recently affirmed a decision by a state trial court awarding an X-ray technician permanent and total disability benefits because of...
Tennessee Court Awards Permanent Total Benefits For Worker’s Migraines Tennessee Court Awards Permanent Total Benefits For Worker’s MigrainesConnecticut, like a host of other states, has a special presumption that aids police officers (and some other first responders) who pass a physical exam at the time of hiring...
Connecticut Police Officer’s Failure to File Timely Hypertension Claim No Bar to Subsequent Claim Related to Myocardial Infarction Connecticut Police Officer’s Failure to File Timely Hypertension Claim No Bar to Subsequent Claim Related to Myocardial InfarctionA number of states, including Illinois, exclude workers’ compensation coverage for some recreational injuries that are deemed by statute to be outside the course and scope of the employment [see...
IL Middle School Teacher’s Injury in Student/Faculty Basketball Game Was Compensable IL Middle School Teacher’s Injury in Student/Faculty Basketball Game Was CompensableAdopting Dr. Arthur Larson’s “divided premises” rule [Larson’s Workers’ Compensation Law § 13.01[4][b]], in which an employee remains within the course and scope of the employment while traveling along or...
South Carolina High Court Adopts Larson’s “Divided Premises” Rule South Carolina High Court Adopts Larson’s “Divided Premises” RuleA Mississippi pipe fitter, who sustained five broken ribs and a spinal cord injury when he fell a distance of approximately 25 feet from the top of a gum tree...
Boys Will Be Boys: Winning Comp Claim Isn’t as Easy as Falling Out of a Tree Boys Will Be Boys: Winning Comp Claim Isn’t as Easy as Falling Out of a TreeHigh Courts in Several States Strike Down Legislative Challenges to the Heart of the Workers’ Compensation System As we put together last year’s edition of the Workers’ Compensation Emerging Issues Analysis...
The Year of Equal Justice and Due Process The Year of Equal Justice and Due Process
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