Favorable Ruling by NY High Court Cannot Support Employer’s Reopening Request In Matter of Coyle v. W & W Steel Erectors LLC, 2025 N.Y. App. Div. LEXIS 2889 (3d Dept....
Final Means Final—Even When the Law Changes Final Means Final—Even When the Law ChangesImported Quarrels and the Boundaries of Employment Risk In Bridges v. Elite, Inc., 212 S.C. 514, 48 S.E.2d 497 (S.C. 1948), the Supreme Court of South Carolina reversed a decision...
Throwback Thursday: Bridges v. Elite, Inc. (S.C. 1948) Throwback Thursday: Bridges v. Elite, Inc. (S.C. 1948)Construing an exception to New York’s cap on permanent partial disability (PPD) benefits [see N.Y. Workers’ Comp. Law, § 35(3)], which allows—in certain situations—reclassification of the claimant’s disability to permanent...
NY Court Clarifies When Financial Hardship Justifies Total Disability NY Court Clarifies When Financial Hardship Justifies Total DisabilityIn a decision reemphasizing the boundaries of compensability for commuting injuries, the California Court of Appeal (Third Appellate District) has annulled a WCAB award awarding workers’ compensation benefits to a...
California Court Reverses WCAB’s Award for Carpool Injuries Sustained During Commute California Court Reverses WCAB’s Award for Carpool Injuries Sustained During CommuteAs a number of my friends and colleagues already know, I’ve been out of commission for the past nine days. I underwent surgery eight days ago for a ruptured appendix....
Durham, NC: Recovering from Appendicitis Durham, NC: Recovering from AppendicitisReversing a decision by a state trial court that had, in turn, reversed an award of workers’ compensation benefits in favor of a seventy-nine-year-old part-time janitor who had suffered an...
Iowa: Injuries Sustained in Janitor’s Idiopathic Fall Found Compensable Iowa: Injuries Sustained in Janitor’s Idiopathic Fall Found CompensableAn Arizona appellate court recently upheld a workers’ compensation award in the form of facial disfigurement benefits where the injured worker, a truck driver, sustained a five-inch scar on his...
Arizona: Scar on Neck Qualifies for Facial/Head Disfigurement Award Arizona: Scar on Neck Qualifies for Facial/Head Disfigurement AwardOn Tuesday (May 7), Oklahoma Governor Mary Fallin signed into law Senate Bill 1062, a legislative piece that purports to reform the state’s workers’ compensation system in two broad fashions:...
Oklahoma: Workers’ Compensation “Opt-Out” Provisions Become Law Oklahoma: Workers’ Compensation “Opt-Out” Provisions Become LawStressing that “reasonableness” is a question of fact and that the review the Workers’ Compensation Court’s findings of fact were to be affirmed if supported by substantial credible evidence, the...
Montana: Carrier’s Decision to Stop Paying For Pain Medication Did Not Justify Attorney’s Fee Award Where Decision Was Based On Prior Decision of Workers’ Compensation Court Montana: Carrier’s Decision to Stop Paying For Pain Medication Did Not Justify Attorney’s Fee Award Where Decision Was Based On Prior Decision of Workers’ Compensation CourtThe Supreme Court of Rhode Island recently quashed a decree by the state’s Workers’ Compensation Court Appellate Division that in turn had affirmed a denial of workers’ compensation benefits to...
Rhode Island: Utilizing “Street-Peril” or Street Risk Doctrine, Supreme Court Reverses Denial of Claim by Verizon Employee Assaulted by Random Stranger Rhode Island: Utilizing “Street-Peril” or Street Risk Doctrine, Supreme Court Reverses Denial of Claim by Verizon Employee Assaulted by Random StrangerThe Supreme Court of New Mexico recently held that a death benefits claim filed by the widow of an off-duty police officer, who drowned while rescuing a twelve-year-old boy from...
New Mexico: Late Filing of Death Benefits Claim May Be Excused Where Delay Was Due, In Part, to Actions of Employer New Mexico: Late Filing of Death Benefits Claim May Be Excused Where Delay Was Due, In Part, to Actions of EmployerInstallation of a lift system to enable paraplegic to transfer to and from her wheelchair more safely and to live more independently were remodeling costs subject to the $60,000 limit...
Minnesota: Costs to Modify Injured Worker’s Residence to Allow For Installation of Lift System Was Limited to Statutory Max of $60K Minnesota: Costs to Modify Injured Worker’s Residence to Allow For Installation of Lift System Was Limited to Statutory Max of $60KA Louisiana appellate court recently affirmed a finding by the Office of Workers’ Compensation that granted an employer police department’s motion for summary judgment regarding a claim filed by a...
Louisiana: Police Officer Fails To Establish Acute Appendicitis Claim Was Connected to Fall at Police Station Louisiana: Police Officer Fails To Establish Acute Appendicitis Claim Was Connected to Fall at Police StationOn April 1, the Hutterite Colony, a small religious sect in Montana, asked the United States Supreme Court to review and overturn a decision by the Supreme Court of Montana...
Montana’s Hutterite Colony Seeks Review by U.S. Supreme Court of Decision Requiring it to Provide Workers’ Compensation Coverage for Colony’s Workers Montana’s Hutterite Colony Seeks Review by U.S. Supreme Court of Decision Requiring it to Provide Workers’ Compensation Coverage for Colony’s WorkersAn Arkansas appellate court recently affirmed a decision denying a claim filed by a patient-care technician who contended that her corneal ulcer resulted from or was exacerbated by a workplace...
Arkansas: Health Care Technician Fails to Establish Corneal Ulcer Was Associated With Work-Related Urine Splash Arkansas: Health Care Technician Fails to Establish Corneal Ulcer Was Associated With Work-Related Urine SplashOn Tuesday, a Virginia appellate court affirmed a decision of the state’s Workers’ Compensation Commission that reinstated disability benefits to a convenience store employee who refused to undergo recommended surgery–a...
Virginia: Employee’s Refusal of Second Knee Surgery Justified Virginia: Employee’s Refusal of Second Knee Surgery Justified
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