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 ClaimOn 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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