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 NewIn Rodriguez v. Brand West Dairy, 2015 N.M. App. LEXIS 69 (June 22, 2015), a divided Court of Appeals of New Mexico recently held that the exclusion of coverage afforded...
New Mexico Court Finds State’s “Farm and Ranch Laborer” Exclusion Unconstitutional New Mexico Court Finds State’s “Farm and Ranch Laborer” Exclusion UnconstitutionalEarlier today (June 24th), Florida’s Third District Court of Appeal reversed and completely repudiated the decision of Judge Jorge E. Cueto, Circuit Court for Miami-Dade County, that had, on August 19,...
Florida Appellate Court Throws Out Judge Cueto’s “Padgett” Decision on Procedural Grounds Florida Appellate Court Throws Out Judge Cueto’s “Padgett” Decision on Procedural GroundsIn Hranicka v. Chesapeake Surgical, Ltd., 2015 Md. LEXIS 413 (June 18, 2015), the Court of Appeals of Maryland held that an employee’s claim was time-barred under Md. Code Ann.,...
Maryland: Electronic Submission of Claim Does Not Toll Statute of Limitations Maryland: Electronic Submission of Claim Does Not Toll Statute of LimitationsEarlier today, the Supreme Court of Colorado, affirming a split decision of the state’s Court of Appeals, held that under the plain language of Colo. Rev. Stat. § 24–34–402.5, Colorado’s...
Colorado High Court Ok’s Firing of Worker For State-Authorized Use of Medical Marijuana Colorado High Court Ok’s Firing of Worker For State-Authorized Use of Medical MarijuanaAn commissioner’s award of permanent total disability benefits to an HVAC employee who claimed he suffered an electric shock while servicing a unit at a customer’s residence was supported by...
Iowa Court Affirms Rejection of “Uncontradicted” Expert Testimony Iowa Court Affirms Rejection of “Uncontradicted” Expert TestimonyAn Ohio restaurant employee may not pursue a negligence action against a co-worker for personal injuries sustained in a golf cart accident that occurred on an island resort where the...
Ohio Worker Injured Having “Kick Ass Time” May Not Sue Co-Worker Ohio Worker Injured Having “Kick Ass Time” May Not Sue Co-WorkerArkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable
An Arkansas tanker-truck driver sustained an injury arising out of and in the course of the employment when he was struck by a vehicle as the truck driver exited a...
Arkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable
Arkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable
Applying the four Larson factors to determine whether an act of horseplay was or was not a substantial deviation from the employment [see Larson’s Workers’ Compensation Law, § 23.01], the...
South Dakota: Horseplay Injury During Lull In Workday Found Compensable South Dakota: Horseplay Injury During Lull In Workday Found CompensableIn Kline v. JRD Management Corp., 2015 Fla. App. LEXIS 8364 (1st DCA, June 2, 2015), a Florida appellate court recently held that a judge of compensation claims (“JCC”) erred...
Florida Court Says Judge Should Have Disqualified Himself For Bias Florida Court Says Judge Should Have Disqualified Himself For BiasEarlier this month, a California appellate court struck down a challenge by two staffing companies that had sued the state, alleging that Cal. Lab. Code § 3701.9, added in 2012...
California Court: Leasing Employers and Temporary Service Employers May Not Self-Insure California Court: Leasing Employers and Temporary Service Employers May Not Self-InsureOrdinarily, workers are free to pursue civil actions against third parties whose negligence causes work-related injuries. One exception, however, is the so-called “firefighter’s rule,” adopted in a number of states,...
Kansas Court Extends Firefighter’s Rule to Bar Tort Recovery by Law Enforcement Officer Kansas Court Extends Firefighter’s Rule to Bar Tort Recovery by Law Enforcement OfficerNevada, like a number of other states, provides workers’ compensation benefits for inmates who sustain injuries “while engaged in work in a prison industry or work program,” whether the program...
Nevada Work Release Inmate’s Injuries Are Responsibility of Employer, Not State Nevada Work Release Inmate’s Injuries Are Responsibility of Employer, Not State
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