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 NewA 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 SandyYesterday (April 28, 2015), the Supreme Court of Oklahoma, in a 7–2 vote, declined to assume original jurisdiction in a civil action challenging the constitutionality of the state’s new and...
Oklahoma High Court Refuses to Fast-Track Case Challenging Constitutionality of Workers’ Compensation Opt Out Law Oklahoma High Court Refuses to Fast-Track Case Challenging Constitutionality of Workers’ Compensation Opt Out LawAn Arkansas appellate court affirmed a finding by the state’s Workers’ Compensation Commission that an employee was entitled to additional medical benefits when, some six months after an ankle injury,...
Arkansas Court Approves Award of Additional Medical Expenses Related to ER Visit Six Months After Initial Injury Arkansas Court Approves Award of Additional Medical Expenses Related to ER Visit Six Months After Initial InjuryRecent Federal District Court Discusses ERISA’s Strong Preemption Provisions As I have noted on multiple other occasions, one of the distinctive features of the workers’ compensation “opt out” scheme is...
Who’s “Opting Out” of Workers’ Comp—Employers or the States Themselves? Who’s “Opting Out” of Workers’ Comp—Employers or the States Themselves?In what Professor Larson would have referred to as an “upside-down” exclusivity case—where the employee tries to prove that her injuries were not covered by the applicable workers’ compensation law...
Virgin Islands: Going and Coming—Is Break Taken to Run Errands a “Lunch” Break Virgin Islands: Going and Coming—Is Break Taken to Run Errands a “Lunch” BreakThe Supreme Court of Appeals of West Virginia held that where a claimant delays the filing of a workers’ compensation death benefits claim because she was unaware, and could not...
West Virginia High Court Crafts Narrow Exception to 6-Month Statute of Limitations in Death Claims West Virginia High Court Crafts Narrow Exception to 6-Month Statute of Limitations in Death ClaimsE-businesses like Uber and Lyft, which utilize smartphone or tablet apps to connect passengers and drivers with vehicles for hire are beginning to carve out a niche within the economy....
SC Court Signals That Uber Business Model Probably OK in the Palmetto State SC Court Signals That Uber Business Model Probably OK in the Palmetto StateIn a memorandum decision, the Supreme Court of Appeals of West Virginia affirmed the denial of workers’ compensation benefits to an employee who suffered a dislocation of his left knee...
West Virginia Employee’s Unexplained Fall Was Idiopathic And Not Compensable West Virginia Employee’s Unexplained Fall Was Idiopathic And Not CompensableOn Tuesday, a Pennsylvania appellate court held that a claimant, whose purported husband had been killed in a work-related rollover accident at a ski resort, had presented clear and convincing...
PA: Native-American Marriage Ceremony Establishes “Widow’s” Common-law Marriage PA: Native-American Marriage Ceremony Establishes “Widow’s” Common-law MarriageThe 6.5% assessment, payable by a Maryland employer or insurer to the state’s Subsequent Injury Fund on: (i) each award for permanent disability or death, or (ii) each amount payable...
Maryland: Subsequent Injury Fund Assessment Not Reduced Due to Retirement Offset Maryland: Subsequent Injury Fund Assessment Not Reduced Due to Retirement Offset
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