IA Reads No Suitability Requirement into § 85.34(2)(v) The Iowa Court of Appeals affirmed a commissioner’s decision limiting a drywall worker’s permanent partial disability recovery to his functional impairment after...
Offer of Higher-Paying Work Limits Permanent Disability Award Offer of Higher-Paying Work Limits Permanent Disability AwardSubway Cleaner Who Witnessed a Platform Injury A New York appellate court recently affirmed a Workers’ Compensation Board decision disallowing a subway-station cleaner’s PTSD claim after he witnessed a woman’s...
NY PTSD Claim Fails Under Pre-Amendment Stress Standard NY PTSD Claim Fails Under Pre-Amendment Stress StandardAL Supreme Court: HR’s Role Was a Jury Question The Alabama Supreme Court, by a 5–4 vote, affirmed liability for retaliatory discharge where the evidence permitted a jury to find...
Who Made the Firing Decision? Alabama Court Upholds Retaliation Finding Who Made the Firing Decision? Alabama Court Upholds Retaliation FindingNY Bus Driver’s Crash and Arrhythmia A New York appellate court has affirmed a Workers’ Compensation Board finding that a school bus driver’s injuries and death arose out of his...
Uncertain Cardiac Sequence Does Not Defeat NY Bus Driver’s Claim Uncertain Cardiac Sequence Does Not Defeat NY Bus Driver’s ClaimReversing a decision of the state’s Court of Appeals, the Supreme Court of Georgia, in Telecom v. Burdette, 2017 Ga. LEXIS 103 (Feb. 27, 2017), held that while the mere...
Georgia Supreme Court Clarifies “Willful Misconduct” Doctrine Georgia Supreme Court Clarifies “Willful Misconduct” DoctrineThe Supreme Court of Wyoming affirmed a finding by a state district court that an injured worker failed to establish a causal connection between her 2013 need for shoulder surgery...
Wyoming Worker Fails to Connect the Dots Between Original Surgery and Subsequent Procedure to Alleviate Continued Pain Wyoming Worker Fails to Connect the Dots Between Original Surgery and Subsequent Procedure to Alleviate Continued PainAn Ohio appellate court affirmed a trial court’s finding that injuries sustained by an employee when she slipped and fell while descending a stairway as she left her employer’s HR...
Ohio Employee’s Personal Delivery of FMLA Documents Was Not in Course and Scope of Employment Ohio Employee’s Personal Delivery of FMLA Documents Was Not in Course and Scope of EmploymentNebraska Worker’s Death From Apparent Suicide is Not Compensable In a case that is heartbreaking from multiple points of view, the family of an injured Nebraska employee was denied workers’...
Like Oil & Water, Oxycodone and Xanax Don’t Mix Like Oil & Water, Oxycodone and Xanax Don’t MixA debtor’s workers’ compensation experience rating is the sort of “interest” of which the debtor’s assets can be sold free and clear, under § 363 of the U.S. Bankruptcy Code,...
NCCI May Not Impose Bankrupt Staffing Company’s Experience Rating on Purchaser in Court-Approved Sale of Assets NCCI May Not Impose Bankrupt Staffing Company’s Experience Rating on Purchaser in Court-Approved Sale of AssetsIn the past few years, a great deal of appropriate attention has been spent pondering various ways in which access to medical care could be improved for injured workers. Various...
National Conference Session Points to Increase Use of Telemedicine for Injured Workers National Conference Session Points to Increase Use of Telemedicine for Injured WorkersA Louisiana appellate court affirmed, in relevant part, a ruling by a state workers’ compensation judge that a worker sustained an accidental injury arising out of and in the course...
Lousiana Court Sustains Worker’s West Nile Virus Claim as Accidental Injury Lousiana Court Sustains Worker’s West Nile Virus Claim as Accidental InjuryMartin Klug’s New Book Provides Important Insight During a famous incident that occurred in Sicily during August 1943, General George S. Patton, in two separate incidents, slapped U.S. Army privates...
Book Review: Does Pop Culture’s PTSD Discussion Give You Combat Fatigue? Book Review: Does Pop Culture’s PTSD Discussion Give You Combat Fatigue?Tennessee Appeals Panel Affirms $27K Attorney’s Fee Related to $187 Medical Claim In Grissom v. UPS, 2017 Tenn. LEXIS 4 (Jan. 9, 2017), the Special Workers’ Compensation Appeals Panel of the...
Memo to Worker’ Comp Carrier: Standing on Your Rights Can Result in Scorched Feet Memo to Worker’ Comp Carrier: Standing on Your Rights Can Result in Scorched FeetA 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 2016
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