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 ClaimEarlier 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 StateA truck driver, who alleged that he sustained injuries while delivering merchandise to a Wal-Mart store in Kentucky cannot proceed in his civil action against the large retailer since, under...
Kentucky Truck Driver’s Tort Action Against Wal-Mart Barred by Statutory Employer Rules Kentucky Truck Driver’s Tort Action Against Wal-Mart Barred by Statutory Employer RulesA bill introduced in the South Carolina Senate on April 16th (2015 Bill Text SC S.B. 674) would make workers’ compensation coverage optional for the vast majority of the state’s...
South Carolina Bill Would Make Workers’ Comp Coverage Optional for Most Employers South Carolina Bill Would Make Workers’ Comp Coverage Optional for Most EmployersAn employee’s inability to file a timely notice of claim based on his alleged inability to meet with counsel because of the onslaught and aftermath of Hurricane Sandy was an...
NY Claimant Fails to Show That Claim Filing Was Delayed by Hurricane Sandy NY Claimant Fails to Show That Claim Filing Was Delayed by Hurricane Sandy
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