LA Fourth Circuit, 3–2, Holds Dump-Truck Driver Paid 25% of Truck Earnings Was an Employee Despite 1099; Dissent Invokes Manifest-Error Review The Louisiana Court of Appeal, Fourth Circuit recently reversed...
Louisiana Court: Paid a Percentage, Still an Employee Louisiana Court: Paid a Percentage, Still an EmployeeKY Supreme Court Holds the Statutory Presumption Against Recovery for Intoxicating Substances Does Not Apply to Alcohol The Kentucky Supreme Court has affirmed benefits for a traffic flagger who was...
Alcohol Falls Outside KY’s Presumption of Causation Alcohol Falls Outside KY’s Presumption of CausationFL First DCA Holds Harlem’s Narrow “Heart Disease” Definition Does Not Bar a Firefighter’s Arrhythmia Claim Under the Heart-Lung Presumption Florida’s First District Court of Appeal has affirmed an award...
The Heart Has Wiring, Too The Heart Has Wiring, TooOregon Court Applies New Claim-Closure Requirements to Case Pending on Judicial Review The Oregon Court of Appeals has held that 2022 amendments limiting retroactive “medically stationary” determinations apply to a...
“Closed” Under Old Rules, Reprocessed Under New “Closed” Under Old Rules, Reprocessed Under NewWhere an injured employee had but one employer on the date of injury, the employee’s average weekly wage must be computed by considering only the wages from that employer; “concurrent”...
Kentucky High Court Says “Concurrent” Wages May Only Be Considered for AWW Computation if Concurrent Employment Existed on DOI Kentucky High Court Says “Concurrent” Wages May Only Be Considered for AWW Computation if Concurrent Employment Existed on DOIThe manager of a Tennessee mattress store, who alleged that she sustained a psychological injury (“PTSD”) when she pursued two persons into the employer’s store parking lot after they had...
Tennessee Mattress Store Manager Prevails in PTSD Claim After Encounter with Purse Snatching Customers Tennessee Mattress Store Manager Prevails in PTSD Claim After Encounter with Purse Snatching CustomersAn employee who suffered a knee injury while playing laser tag at a company-sponsored marketing conference sustained an accidental injury arising out of and in the course of the employment,...
NC Employee’s Injury Playing Laser Tag Found Compensable NC Employee’s Injury Playing Laser Tag Found CompensableUsing a neutral risk analysis, an Illinois appellate court reversed a trial court’s decision that in turn had affirmed the denial of workers’ compensation benefits to a worker who injured...
Illinois Welder’s Knee Injury While Swiveling in Chair Found Compensable Illinois Welder’s Knee Injury While Swiveling in Chair Found CompensableA surviving spouse was not entitled to receive workers’ compensation death benefits where evidence established that she left the family home several years prior to the deceased employee’s death, rarely...
NC: Surviving Spouse Loses Claim for Death Benefits Since She Neither Lived With Nor Was Dependent Upon Worker at Time of His Death NC: Surviving Spouse Loses Claim for Death Benefits Since She Neither Lived With Nor Was Dependent Upon Worker at Time of His DeathVirtually all workers’ compensation acts impose a penalty for late payment of benefits. For example, D.C. Code § 32–1515(f) provides for a 20 percent penalty if any compensation is not...
Under DC Comp Act, Emailing Order to Employer Does Not Start 10-Day Period for Payment Without Penalty Under DC Comp Act, Emailing Order to Employer Does Not Start 10-Day Period for Payment Without PenaltyThe lack of a salary associated with typical employment does not necessarily prevent an average monthly wage calculation for a self-employed injured Nevada worker, held the state’s Supreme Court last...
Average Wage Calculation Must Be Computed For Nevada Self-Employed FedEx Driver Average Wage Calculation Must Be Computed For Nevada Self-Employed FedEx DriverIn a dispute involving the dissolution of a law partnership and the rights of two attorneys in attorneys’ fees resulting from the settlement of workers’ compensation cases, Georgia’s Board of...
Georgia Comp Board Won’t Resolve Fee Dispute Between Attorneys Dissolving Their Firm Georgia Comp Board Won’t Resolve Fee Dispute Between Attorneys Dissolving Their FirmAnyone familiar with the FedEx, Uber/Lyft litigation going on at various levels in California’s courts and before the state’s administrative agencies knows that the Golden State appears to have “a...
Now California’s Pro Sports Cheerleaders are Employees Now California’s Pro Sports Cheerleaders are EmployeesWhere an employee (“Bates”) assaulted a co-employee (“McDaniel”) after Bates performed an Internet search and discovered that McDaniel was a registered sex offender, the assault did not arise out of...
Assault by Nebraska Employee Against Sex Offender Co-Employee Did Not Arise from the Employment Assault by Nebraska Employee Against Sex Offender Co-Employee Did Not Arise from the EmploymentA New York appellate court has refused to vacate a portion of a county court’s judgment that, following a defendant’s guilty plea to fraudulent practices (N.Y. Workers’ Comp. Law §...
NY Cage Dancer Forfeits Right to Future Comp Benefits NY Cage Dancer Forfeits Right to Future Comp BenefitsWith the divorce rate for U.S. marriages hovering at almost 50 percent, courts and legislatures are called upon to weigh two conflicting rules related to workers’ compensation benefits when it...
How One State Bucked Trend of Allowing Former Spouse to Access Post-Divorce Workers’ Comp Benefits How One State Bucked Trend of Allowing Former Spouse to Access Post-Divorce Workers’ Comp Benefits
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