PA Court Finds a 15-Minute Break’s Brevity Outweighs Its Formality The Commonwealth Court of Pennsylvania recently affirmed an award of workers’ compensation benefits to a pharmacy technician struck by a...
Personal Comfort Doctrine Reaches a Formal, Unpaid Break Personal Comfort Doctrine Reaches a Formal, Unpaid BreakIdaho Federal Court Finds Surveillance and a Full-Duty Release Defeat Workers' Comp Retaliatory Discharge Claim The U.S. District Court for the District of Idaho recently granted summary judgment for a...
Trucker’s Retaliation Claim Runs Aground in His Own Hay Field Trucker’s Retaliation Claim Runs Aground in His Own Hay FieldRisk-Exposure Evidence Alone Can Establish the Causal Link, Justices Hold Last Thursday, In a unanimous decision authored by Justice Muñiz, the Supreme Court of Florida held that a workplace assault...
FL High Court Rejects Motive Requirement for Workplace Assault Claims FL High Court Rejects Motive Requirement for Workplace Assault ClaimsSupervisors Who Allegedly Blocked Exits Fell Outside the Workers’ Comp Act’s Exclusive Remedy The Kentucky Court of Appeals has revived tort claims brought by survivors of the December 2021 tornado...
KY Court Revives Tort Claims From Mayfield Candle Factory Tornado Deaths KY Court Revives Tort Claims From Mayfield Candle Factory Tornado DeathsThat an office worker enjoyed walking did not transform her trip to the post office during the workday into recreational activity, held an Oregon appellate court recently in Sedgwick Claims...
Oregon Court Says Walking to Post Office Isn’t “Recreational” Just Because Employee Enjoyed the Activity Oregon Court Says Walking to Post Office Isn’t “Recreational” Just Because Employee Enjoyed the ActivityApplying the firefighter’s rule, a specialized assumption of risk doctrine under which, in its most classic form, a person who starts a fire is said to owe no duty of...
California Court Uses Firefighter’s Rule to Bar Negligence Action By UPS Driver California Court Uses Firefighter’s Rule to Bar Negligence Action By UPS DriverA Nebraska appellate court, in Yost v. Davita, Inc., 23 Neb. App. 482, 2015 Neb. App. LEXIS 204 (Dec. 29, 2015), affirmed a compensation court’s decision that an employer was...
Nebraska Court: Injured Employee Failed to Establish Spinal Cord Stimulator Was Reasonable and Necessary Nebraska Court: Injured Employee Failed to Establish Spinal Cord Stimulator Was Reasonable and NecessaryIn a short—yet stinging—Order issued late yesterday [December 22, 2015], the Supreme Court of Florida declined to accept jurisdiction and accordingly denied a petition for review that had been filed...
Florida Supreme Court Delivers Coup de Gras to Padgett Florida Supreme Court Delivers Coup de Gras to PadgettIn Baker v. Bridgestone/Firestone, 2015 Iowa Sup. LEXIS 103 (Dec. 18, 2015), the Supreme Court of Iowa recently held that the discovery rule in workers’ compensation law applies not only...
Iowa High Court Says Discovery Rule Applies to Single Trauma Injuries Iowa High Court Says Discovery Rule Applies to Single Trauma InjuriesApplying the “discovery rule” [see Larson’s Workers’ Compensation Law, § 126.05], pursuant to which the prescription period may be suspended where the cause of action is not known or reasonably...
Louisiana: Prescriptive Period Does Not Commence Until Party Has Knowledge of Cause of Action Louisiana: Prescriptive Period Does Not Commence Until Party Has Knowledge of Cause of ActionOverruling Dickens v. Pizza Co., Inc., 266 Kan. 1066, 1071, 974 P.2d 601 (1999), which had adopted an exception to the general rule allowing reduction in workers’ compensation benefits where...
Amendments to Social Security Act in 2000 Do Not Trump Kansas Offset Statute Amendments to Social Security Act in 2000 Do Not Trump Kansas Offset StatuteA police officer, who injured his back as he lifted his “duty bag” to place it in his personal vehicle prior to leaving his home for work sustained an injury...
Illinois Police Officer’s Back Injury Lifting Duty Bag at Home Found Compensable Illinois Police Officer’s Back Injury Lifting Duty Bag at Home Found CompensableDid Intermediate Appellate Court Abide by Supreme Court’s Remand Instructions? In a case that has ricocheted from a Washington state trial court to an intermediate appellate court and from that appellate court...
Washington Appellate Court Again Says “Tasered Trooper’s” Tort Action Not Barred by Exclusive Remedy Defense Washington Appellate Court Again Says “Tasered Trooper’s” Tort Action Not Barred by Exclusive Remedy DefenseThe widow of a worker who was diagnosed with mesothelioma some 40 years after his exposure to asbestos may not sue the former employer to recover damages since her exclusive...
Widow of Illinois Mesothelioma Victim Finds Herself with Catch–22 Widow of Illinois Mesothelioma Victim Finds Herself with Catch–22Original Workers’ Comp Scheme: Equal Treatment of All Injured Employees Within a State In Orwell’s classic allegorical work, Animal Farm, Snowball and Napoleon, recognizing the horrors of the status quo,...
Orwellian Equality: Oklahoma’s Controversial Workers’ Comp Opt Out Legislation Orwellian Equality: Oklahoma’s Controversial Workers’ Comp Opt Out LegislationIn a truly bizarre case, a divided Supreme Court of Pennsylvania held that the state’s Commonwealth Court erred in finding that a claimant met her burden of proving that she...
Divided PA Supreme Court Says Mother/Caregiver’s Injuries at Hands of Knife-Wielding Son Were Not Compensable Divided PA Supreme Court Says Mother/Caregiver’s Injuries at Hands of Knife-Wielding Son Were Not Compensable
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