Court Applies Massachusetts Law to Maine Injury, Rejects Immunity Defense in Multi-State Staffing Arrangement A New Hampshire contractor that likely would have enjoyed workers’ compensation immunity under Maine law lost...
Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation Immunity Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation ImmunityNew York’s Court of Appeals recently affirmed an Appellate Division order blocking defendants in a personal injury action from using a Workers’ Compensation Board causation determination as collateral estoppel, holding...
NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp Decisions NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp DecisionsIn a case involving a Nebraska truck driver-farm laborer whose treatment for metastatic cancer was allegedly postponed by complications associated with a compensable hip injury and its resulting treatment, the...
Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer Treatment Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer TreatmentA North Carolina district manager who suffered a stroke while preparing for the opening of a restaurant location—and who allegedly waited hours before coworkers summoned emergency assistance—may not pursue negligence...
NC Court of Appeals: Exclusivity Doctrine Bars Negligence Suit Following Workplace Stroke NC Court of Appeals: Exclusivity Doctrine Bars Negligence Suit Following Workplace StrokeAn Ohio appellate court has again concluded that the doctrine of voluntary abandonment does not bar an injured worker’s entitlement to TTD compensation in a case involving a pre-injury infraction—here,...
Ohio Court Again Says TTD Benefits Unaffected by Pre-Injury Drug Use Undetected Until After Injury Ohio Court Again Says TTD Benefits Unaffected by Pre-Injury Drug Use Undetected Until After InjuryValley fever is not a “respiratory disease” for purposes of the state of Washington’s firefighters presumption [Wash. Rev. Code § 51.21.185(1)]; it is instead an “infectious disease” and is not...
Washington High Court Says Valley Fever is Not Covered by Firefighters’ Presumption Washington High Court Says Valley Fever is Not Covered by Firefighters’ PresumptionWhere an injured employee had but one employer on the date of injury, the employee’s average weekly wage must be computed by considering only the wages from that employer; “concurrent”...
Kentucky High Court Says “Concurrent” Wages May Only Be Considered for AWW Computation if Concurrent Employment Existed on DOI Kentucky High Court Says “Concurrent” Wages May Only Be Considered for AWW Computation if Concurrent Employment Existed on DOIThe manager of a Tennessee mattress store, who alleged that she sustained a psychological injury (“PTSD”) when she pursued two persons into the employer’s store parking lot after they had...
Tennessee Mattress Store Manager Prevails in PTSD Claim After Encounter with Purse Snatching Customers Tennessee Mattress Store Manager Prevails in PTSD Claim After Encounter with Purse Snatching CustomersAn employee who suffered a knee injury while playing laser tag at a company-sponsored marketing conference sustained an accidental injury arising out of and in the course of the employment,...
NC Employee’s Injury Playing Laser Tag Found Compensable NC Employee’s Injury Playing Laser Tag Found CompensableUsing a neutral risk analysis, an Illinois appellate court reversed a trial court’s decision that in turn had affirmed the denial of workers’ compensation benefits to a worker who injured...
Illinois Welder’s Knee Injury While Swiveling in Chair Found Compensable Illinois Welder’s Knee Injury While Swiveling in Chair Found CompensableA surviving spouse was not entitled to receive workers’ compensation death benefits where evidence established that she left the family home several years prior to the deceased employee’s death, rarely...
NC: Surviving Spouse Loses Claim for Death Benefits Since She Neither Lived With Nor Was Dependent Upon Worker at Time of His Death NC: Surviving Spouse Loses Claim for Death Benefits Since She Neither Lived With Nor Was Dependent Upon Worker at Time of His DeathVirtually all workers’ compensation acts impose a penalty for late payment of benefits. For example, D.C. Code § 32–1515(f) provides for a 20 percent penalty if any compensation is not...
Under DC Comp Act, Emailing Order to Employer Does Not Start 10-Day Period for Payment Without Penalty Under DC Comp Act, Emailing Order to Employer Does Not Start 10-Day Period for Payment Without PenaltyThe lack of a salary associated with typical employment does not necessarily prevent an average monthly wage calculation for a self-employed injured Nevada worker, held the state’s Supreme Court last...
Average Wage Calculation Must Be Computed For Nevada Self-Employed FedEx Driver Average Wage Calculation Must Be Computed For Nevada Self-Employed FedEx DriverIn a dispute involving the dissolution of a law partnership and the rights of two attorneys in attorneys’ fees resulting from the settlement of workers’ compensation cases, Georgia’s Board of...
Georgia Comp Board Won’t Resolve Fee Dispute Between Attorneys Dissolving Their Firm Georgia Comp Board Won’t Resolve Fee Dispute Between Attorneys Dissolving Their FirmAnyone familiar with the FedEx, Uber/Lyft litigation going on at various levels in California’s courts and before the state’s administrative agencies knows that the Golden State appears to have “a...
Now California’s Pro Sports Cheerleaders are Employees Now California’s Pro Sports Cheerleaders are EmployeesWhere an employee (“Bates”) assaulted a co-employee (“McDaniel”) after Bates performed an Internet search and discovered that McDaniel was a registered sex offender, the assault did not arise out of...
Assault by Nebraska Employee Against Sex Offender Co-Employee Did Not Arise from the Employment Assault by Nebraska Employee Against Sex Offender Co-Employee Did Not Arise from the Employment
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