PA Court Finds a 15-Minute Break’s Brevity Outweighs Its Formality The Commonwealth Court of Pennsylvania recently affirmed an award of workers’ compensation benefits to a pharmacy technician struck by a...
Personal Comfort Doctrine Reaches a Formal, Unpaid Break Personal Comfort Doctrine Reaches a Formal, Unpaid BreakIdaho Federal Court Finds Surveillance and a Full-Duty Release Defeat Workers' Comp Retaliatory Discharge Claim The U.S. District Court for the District of Idaho recently granted summary judgment for a...
Trucker’s Retaliation Claim Runs Aground in His Own Hay Field Trucker’s Retaliation Claim Runs Aground in His Own Hay FieldRisk-Exposure Evidence Alone Can Establish the Causal Link, Justices Hold Last Thursday, In a unanimous decision authored by Justice Muñiz, the Supreme Court of Florida held that a workplace assault...
FL High Court Rejects Motive Requirement for Workplace Assault Claims FL High Court Rejects Motive Requirement for Workplace Assault ClaimsSupervisors Who Allegedly Blocked Exits Fell Outside the Workers’ Comp Act’s Exclusive Remedy The Kentucky Court of Appeals has revived tort claims brought by survivors of the December 2021 tornado...
KY Court Revives Tort Claims From Mayfield Candle Factory Tornado Deaths KY Court Revives Tort Claims From Mayfield Candle Factory Tornado DeathsTwo Injured Workers File Petition With Oklahoma Supreme Court Two Oklahoma workers who were denied benefits under Injury Benefit Plans set up by their respective employers after the effective date...
Injured Workers Challenge Constitutionality of Oklahoma Opt Out Law Injured Workers Challenge Constitutionality of Oklahoma Opt Out LawSenate Bill 721 On Wednesday, state senator Mark Green (Republican from Clarksville), introduced Senate Bill 721 to the Tennessee legislature. If enacted, many Tennessee employers would be allowed to opt-out...
Workers’ Comp “Opt-Out” Bill Introduced in Tennessee Legislature Workers’ Comp “Opt-Out” Bill Introduced in Tennessee LegislatureArguments were held last week in connection with motions pending in a federal lawsuit [O’Connor v. Uber, 13–3826, U.S. District Court, N.D. Cal.- San Francisco] that could put an ugly...
Could Employee Classification Issues Uberwhelm the Uber Business Model? Could Employee Classification Issues Uberwhelm the Uber Business Model?Illustrating the point that for telecommuting employees, who are often tethered to their employers by ubiquitous cell phones and tablets, the line between the employment world and private life is...
Maine Home Treadmill Fatality Found Compensable Maine Home Treadmill Fatality Found CompensableAn authorized treating health care provider’s “certification” authorizing the use of medical marijuana under New Mexico’s Compassionate Use Act [N.M. Stat. Ann. § 26–2B–1 et seq.] is the functional equivalent...
New Mexico: Health Care Provider’s “Certification” of Medical Marijuana is Functional Equivalent of Prescription for Injured Worker New Mexico: Health Care Provider’s “Certification” of Medical Marijuana is Functional Equivalent of Prescription for Injured WorkerThe Supreme Court of South Carolina, reversing the state court of appeals, recently held that an office worker who sustained injuries when she fell as she walked down an unobstructed,...
South Carolina Supreme Court Adopts What Amounts to Positional Risk Standard in Slip and Fall Cases South Carolina Supreme Court Adopts What Amounts to Positional Risk Standard in Slip and Fall CasesIn a split decision dealing with the application of the personal comfort doctrine described in Larson’s Workers’ Compensation Law, § 21.01, et seq., a majority of the Supreme Court of...
Kentucky High Court Splits in Case Involving Personal Comfort Doctrine Kentucky High Court Splits in Case Involving Personal Comfort DoctrineA Federal District Court in Texas has refused to grant a motion for summary judgment filed by Defendant BP Products North America, Inc. (“BP Products”) in a civil action arising...
For Now, Exclusivity Does Not Bar Workers’ Tort Cases Against BP Products Following 2011 Chemical Release at Refinery For Now, Exclusivity Does Not Bar Workers’ Tort Cases Against BP Products Following 2011 Chemical Release at RefineryNY Employer’s Surveillance of Injured Worker Fails to Establish Fraud
A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that an employer’s surveillance videos and testimony of its private investigator, which primarily showed a workers’...
NY Employer’s Surveillance of Injured Worker Fails to Establish Fraud
NY Employer’s Surveillance of Injured Worker Fails to Establish Fraud
A New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that a claimant had not voluntarily withdrawn from the labor market by refusing a light duty...
New York Court Finds Worker’s Refusal of Light-Work Justified New York Court Finds Worker’s Refusal of Light-Work JustifiedReiterating the Ohio rule that that a pre-injury infraction undetected until after the injury is not grounds for concluding that a claimant voluntarily abandoned his employment so as to preclude...
Ohio Worker May Receive TTD Benefits In Spite of Positive Drug Test After Injury Ohio Worker May Receive TTD Benefits In Spite of Positive Drug Test After InjuryIn an action alleging bad-faith denial of insurance benefits filed by an undocumented worker who sustained severe injuries in a work-related accident, the Eighth Circuit Court of Appeals, construing Iowa...
8th Circuit: Insurer’s Refusal to Pay for Injured Undocumented Worker’s Groceries and Cable TV Not Bad-Faith Denial of Insurance Benefits 8th Circuit: Insurer’s Refusal to Pay for Injured Undocumented Worker’s Groceries and Cable TV Not Bad-Faith Denial of Insurance Benefits
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