Driscoll Agrees with the Larson Standard, Then Affirms Without Needing It The Iowa Court of Appeals has affirmed the denial of workers’ compensation benefits to a city employee who developed...
Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another DayDriscoll Agrees with the Larson Standard, Then Affirms Without Needing It The Iowa Court of Appeals has affirmed the denial of workers’ compensation benefits to a city employee who developed...
Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another DayIn *Sairafianpour v. Loudoun County Public Schools*, 2026 Va. App. LEXIS 430 (Aug. 11, 2026), the Court of Appeals of Virginia affirmed a Workers’ Compensation Commission decision awarding medical benefits...
VA: One Basket, Two Injuries—and Only One Compensable Accident VA: One Basket, Two Injuries—and Only One Compensable AccidentIn Granite School District v. Young, 2026 UT 29, 2026 Utah LEXIS 113 (Aug. 13, 2026), the Utah Supreme Court affirmed an award of permanent total disability benefits to a...
UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection Settlement UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection SettlementOn March 11, 2016, Virginia governor McAuliffe signed into law a bill extending the state’s narrow presumption of compensability [Va. Code Ann. § 65.2–105] to cover most claims where the...
Virginia Legislature Instructs Appellate Court: Deceased Employees Really Are “Physically Unable to Testify” Virginia Legislature Instructs Appellate Court: Deceased Employees Really Are “Physically Unable to Testify”As I reported on Wednesday, in Torres v. Seaboard Foods, LLC, the Supreme Court of Oklahoma struck down a provision in the state’s workers’ compensation law that disqualifies a claimant...
Does Torres Signal How OK High Court Will Decide Constitutionality of Opt Out? Does Torres Signal How OK High Court Will Decide Constitutionality of Opt Out?In Recent “Comp” Decisions (the other from Commission), Oklahoma Legislature Is “0 for 2” A provision in Okla. Stat. tit. 85A, § 2(14) that disqualifies a claimant from recovering for...
Oklahoma High Court Strikes Down State’s 180-Day Cumulative Trauma Employment Rule Oklahoma High Court Strikes Down State’s 180-Day Cumulative Trauma Employment RuleEqual Treatment Under the State’s Dual System is “a Water Mirage” This afternoon (Feb. 26, 2016), in a lengthy Commission Order, the Oklahoma Workers’ Compensation Commission found that Sections 203...
Oklahoma Commission Strikes Down State’s Opt Out Law Oklahoma Commission Strikes Down State’s Opt Out LawAn Indiana jury was within its province as factfinder in returning a verdict for more than $400,000 in compensatory and punitive damages against a former employer in a retaliatory discharge...
Facebook® Plays Role in Indiana $400,000 Verdict for Retaliatory Discharge Facebook® Plays Role in Indiana $400,000 Verdict for Retaliatory DischargeA mother’s wrongful death action against her son’s employer was not barred by the exclusive remedy provisions of the Georgia Workers’ Compensation Act (“Act”) where the undisputed facts clearly showed...
Georgia Mother May Sue Deceased Son’s Employer and Staffing Company Where Co-Worker Murderer May Have been Negligently Hired Georgia Mother May Sue Deceased Son’s Employer and Staffing Company Where Co-Worker Murderer May Have been Negligently HiredWhere a father and son were co-employees working at an excavation site and the son was struck in the head with the bucket of a track hoe—the blow causing serious...
Wyoming Father May Sue Employer For Anguish Related to Co-employee Son’s Death Wyoming Father May Sue Employer For Anguish Related to Co-employee Son’s DeathIn what at first blush might appear as a counter-intuitive ruling, an Illinois appellate court has held that a flight attendant who injured her knee on a flight from Denver...
Illinois Court Says Flight Attendant is Not a Traveling Employee While “Commuting” Illinois Court Says Flight Attendant is Not a Traveling Employee While “Commuting”I read with great interest Bob Wilson’s post yesterday signaling that the Tennessee Opt Out “initiative” may be DOA this year. Indeed, I’d been checking Bill Tracking Reports since the...
2016 Opt Out Legislation: Is it as “Inevitable” as Some Have Hoped/Feared? 2016 Opt Out Legislation: Is it as “Inevitable” as Some Have Hoped/Feared?In an opinion not yet designated for publication [see Ireton v. Horizon Mental Health Mgmt., LLC, 2016 Tenn. LEXIS 3 (Jan. 19, 2016), a Tennessee appeals panel affirmed the denial...
Tennessee Nurse’s PTSD Claim Fails In Spite of Flashback to Being Raped As Child Tennessee Nurse’s PTSD Claim Fails In Spite of Flashback to Being Raped As ChildWhere a Mississippi resident contracted coccidiodomycosis (“Valley Fever”) at a job site in California and had received some indemnity and medical benefits under California’s Workers’ Compensation Act (“the Act”), he...
Valley Fever Plaintiff Fails To Establish Comp Insurance Co.’s Extreme or Outrageous Conduct Valley Fever Plaintiff Fails To Establish Comp Insurance Co.’s Extreme or Outrageous ConductWhere an patient’s treating physician dictated a narrative report that became part of the patient’s worker’s compensation claim file indicating that the patient, through a translator, had made threatening statements...
Georgia M.D.’s Medical Report Indicating Claimant Was Threat to Doctor and Staff Not Libelous Georgia M.D.’s Medical Report Indicating Claimant Was Threat to Doctor and Staff Not Libelous
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