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 CommuteThe Supreme Judicial Court of Maine recently reversed an award by the state’s Workers’ Compensation Board that had granted an employee specific loss benefits for the amputation of a finger,...
Maine: Employer Not Entitled to Offset Incapacity Benefits Against Specific Loss Award for Amputation Maine: Employer Not Entitled to Offset Incapacity Benefits Against Specific Loss Award for AmputationA New York appellate court recently affirmed a finding by the state’s Workers’ Compensation Board that ruled that the death of claimant’s husband was not causally related to his employment...
New York: No Death Benefits Awarded Where Work-Related Heart Attack Occurred 24 Years Earlier New York: No Death Benefits Awarded Where Work-Related Heart Attack Occurred 24 Years EarlierAn Ohio appellate court recently affirmed a decision by the state’s Industrial Commission that had denied additional workers’ compensation benefits for the scheduled loss of use of both of a...
Ohio: Appellate Court Distinguishes Case from Earlier Moorehead Decision: No Loss of Use of Trucker’s Legs Where He May Have Survived Wreck for Brief Period of Time Ohio: Appellate Court Distinguishes Case from Earlier Moorehead Decision: No Loss of Use of Trucker’s Legs Where He May Have Survived Wreck for Brief Period of TimeIn State ex rel. Haddox v. Industrial Comm’n, 2013 Ohio 794, 2013 Ohio LEXIS 618 (Mar. 12, 2013), the Supreme Court of Ohio recently affirmed an appellate court’s decision that...
Ohio: Truck Driver’s Termination For Causing Accident in Which He Sustained Injuries Does Not Disqualify Him From TTD Benefits Ohio: Truck Driver’s Termination For Causing Accident in Which He Sustained Injuries Does Not Disqualify Him From TTD BenefitsLast Thursday, a Washington state appellate court affirmed the dismissal of a civil action filed by a school custodian against her employer, a school district and its superintendent, alleging intentional...
Washington: School Custodian’s Tort Claim Against Employer for PTSD Resulting From Clean-up Duties Following Student’s Suicide Is Barred by Exclusivity Washington: School Custodian’s Tort Claim Against Employer for PTSD Resulting From Clean-up Duties Following Student’s Suicide Is Barred by ExclusivityA New York appellate court recently affirmed a decision by the state’s Workers’ Compensation Board that ruled the death of an employee was not causally related to his employment as...
New York: Mechanic’s Fatal Heart Attack Sustained on Employer’s Premises, But After Work Shift, Held Not Compensable New York: Mechanic’s Fatal Heart Attack Sustained on Employer’s Premises, But After Work Shift, Held Not CompensableAnswering a question certified to it by the U.S. District Court for the District of South Carolina, the Supreme Court of South Carolina, in Mendenall v. Anderson Hardwood Floors, Inc.,...
South Carolina: Supreme Court Adopts Larson’s “Dual Persona” Doctrine South Carolina: Supreme Court Adopts Larson’s “Dual Persona” DoctrineOn Tuesday, the Court of Appeals of North Carolina affirmed a trial court’s order granting various defendants’ motions for summary judgment on exclusivity grounds in a wrongful death action filed...
North Carolina: Intentional Tort Action Against Wal-Mart Related to Death of Wal-Mart “Greeter” Barred by Exclusivity North Carolina: Intentional Tort Action Against Wal-Mart Related to Death of Wal-Mart “Greeter” Barred by ExclusivityThe Court of Appeals of Kentucky recently affirmed an award of death benefits to the administratrix of the estate of a deceased convenience store worker (“Pendleton”) who was found after...
Kentucky: Convenience Store Worker’s Access to Premises and Security Codes Provides Causal Link Between His Murder and the Employment Kentucky: Convenience Store Worker’s Access to Premises and Security Codes Provides Causal Link Between His Murder and the EmploymentIn a workers’ compensation immunity case, the Court of Appeal of Florida (Fourth District) yesterday reversed a $2.7 million jury verdict and final judgment in favor of an employee who...
Florida: Court Reverses Injured Worker’s $2.7 Million Verdict Against Employer: Injury Was Not “Virtually Certain” Florida: Court Reverses Injured Worker’s $2.7 Million Verdict Against Employer: Injury Was Not “Virtually Certain”A Louisiana appellate court recently affirmed the denial of a claim filed by a police sergeant who sustained injuries when he fell in a stairwell at Police Headquarters following a...
Louisiana: Police Sergeant’s Short Trip to Headquarters To Get Cash From Credit Union Was Deviation From Employment; Injuries in Stairwell Not Compensable Louisiana: Police Sergeant’s Short Trip to Headquarters To Get Cash From Credit Union Was Deviation From Employment; Injuries in Stairwell Not CompensableAn Ohio appellate court recently affirmed a trial court’s summary judgment in favor of a medical center clerk who had received an award of workers’ compensation benefits related to physical...
Ohio: Appellate Court Affirms Award for PTSD in Spite of State’s Limiting Definition of “Injury” Ohio: Appellate Court Affirms Award for PTSD in Spite of State’s Limiting Definition of “Injury”
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