In Collins v. Des Moines Area Regional Transit Authority (DART), 2024 Iowa App. LEXIS 918 (Dec. 18, 2024), the Iowa Court of Appeals affirmed denial of workers’ compensation benefits to...
Iowa Court Affirms Denial of Benefits re: COVID-19 Claim Iowa Court Affirms Denial of Benefits re: COVID-19 ClaimIn Spisa-Kline v. Mary Lanning Memorial Hospital, 2024 Neb. App. LEXIS 750 (Dec. 31, 2024), the Nebraska Court of Appeals affirmed summary judgment for the employer in a workers’ compensation...
Nebraska COVID-19 Claim Fails For Want of Expert Medical Evidence Nebraska COVID-19 Claim Fails For Want of Expert Medical EvidenceAppeals Court Examines Going and Coming Rule The Oregon Court of Appeals has reversed and remanded a Workers’ Compensation Board decision that had denied benefits to a worker injured while...
Oregon Jaywalker Might Be Awarded Benefits Oregon Jaywalker Might Be Awarded BenefitsInsurer Had No Duty to Defend Intentional Tort Claim Against Co-Employee In Ortez v. Penn Nat’l Sec. Ins. Co., 2024 N.C. App. LEXIS 1017 (Dec. 17, 2024), the North Carolina...
NC Court of Appeals Reverses $28.9 Million Tort Judgment NC Court of Appeals Reverses $28.9 Million Tort JudgmentA truck driver, who sustained injuries in an automobile accident as he traveled to lunch on the second day of a two-day orientation program was an employee of the trucking...
Florida: Truck Driver Is Employed During Two-Day “Orientation” and is Entitled To Workers’ Compensation Benefits Florida: Truck Driver Is Employed During Two-Day “Orientation” and is Entitled To Workers’ Compensation BenefitsThe Court of Appeals of Kentucky recently affirmed a state trial court’s summary judgment in favor of a high school assistant principal and a county board of education in a...
Kentucky: Teacher’s Tort Action Against Snake-Handling Assistant Principal Barred by Exclusivity Kentucky: Teacher’s Tort Action Against Snake-Handling Assistant Principal Barred by ExclusivityIn Painter v. Atwood, 2012 U.S. Dist. LEXIS 176655 (D. Nev., Dec. 12, 2012), a federal district court from Nevada recently held, in relevant part, that a civil action filed...
US: Office Worker’s Tort Action Against Dentist Employer Alleging Sexual Assault Not Barred by Exclusivity US: Office Worker’s Tort Action Against Dentist Employer Alleging Sexual Assault Not Barred by ExclusivityReversing the state’s Court of Appeals, the Supreme Court of Georgia has ruled that an employee who filed a claim under the state’s Workers’ Compensation Act, must authorize her treating...
Georgia: Claimant Required to Consent to Ex Parte Communications Between Treating Physician and Employer or Employer’s Representative Georgia: Claimant Required to Consent to Ex Parte Communications Between Treating Physician and Employer or Employer’s RepresentativeAn Arizona appellate court recently held, as a matter of law, that a workers’ compensation claimant who expressed an intention to record an independent medical examination (“IME”), in the absence...
Arizona: Carrier May Not Suspend Benefits Where Claimant Indicates IME Will Be Recorded Arizona: Carrier May Not Suspend Benefits Where Claimant Indicates IME Will Be RecordedUnder the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), no compensation is payable “if the injury was occasioned solely by the intoxication of the employee” [see 33 U.S.C. § 903(c)]....
LHWCA: Ninth Circuit Agrees that Injury Was Caused By Intoxication, Not Concrete and Metal Slab Onto Which Claimant Fell LHWCA: Ninth Circuit Agrees that Injury Was Caused By Intoxication, Not Concrete and Metal Slab Onto Which Claimant FellAs I’ve mentioned in my last several posts, a bit more than a week ago, I enjoyed being part of three panel discussions at the 21st Annual National Workers’ Compensation...
Getting Hurt “On the Job” Getting Hurt “On the Job”In what will likely be one of the last cases to be heard under Oklahoma’s court-crafted version of the “substantially certain” rule [see Larson’s Workers’ Compensation Law, § 103.04[2][e]] that...
Oklahoma: Supreme Court Reverses Court of Appeals in “Substantially Certain” Case Oklahoma: Supreme Court Reverses Court of Appeals in “Substantially Certain” CaseLast week, at the 21st Annual National Workers’ Compensation and Disability Conference® & Expo, in Las Vegas, I was happy to be part of a panel discussion regarding the “Future...
Indiana: Recent Decision Shows the General Strength of the Exclusivity Defense Indiana: Recent Decision Shows the General Strength of the Exclusivity DefenseA New York appellate court, in Martinez v. Lefrak City Mngmt., 2012 N.Y. App. Div. LEXIS 7330 (3rd Dept., Nov. 8, 2012), recently affirmed a finding by the state’s Workers’...
New York: Failure to Disclose Injury in Professional Boxing Match Causes Forfeiture of Future Disability Rights New York: Failure to Disclose Injury in Professional Boxing Match Causes Forfeiture of Future Disability Rights4:30 PM (Pacific) I’m sorry that it’s been a couple of weeks since my last post. It isn’t that my mind has been on matters other than workers’ compensation. In...
Live From Las Vegas! Live From Las Vegas!A New York appellate court recently agreed with the state’s Workers’ Compensation Board that the death of a grocery store employee was causally related to the employment where evidence showed...
New York: Extraordinary Duties at Grocery Store on Super Bowl Sunday Mean Employee’s Death is Compensable New York: Extraordinary Duties at Grocery Store on Super Bowl Sunday Mean Employee’s Death is Compensable
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