The Oregon Court of Appeals recently affirmed a Workers’ Compensation Board decision awarding benefits to an 85-year-old worker who fainted while waiting for an employer-mandated vaccination [SAIF Corp. v. Kelkay,...
Oregon Court Affirms Award Where Elderly Worker Fainted For Unknown Reason Oregon Court Affirms Award Where Elderly Worker Fainted For Unknown ReasonThe Intermediate Court of Appeals of Hawai’i recently held that while an employee’s negligent supervision claim against his employer was barred by workers’ compensation exclusivity, he should have been given...
Hawaii: Defamation Claims Against Employer Not Barred by Workers’ Compensation Exclusivity Hawaii: Defamation Claims Against Employer Not Barred by Workers’ Compensation ExclusivityIn Borough of Hollidaysburg v. Detwiler, 2024 Pa. Commw. LEXIS 243 (Nov. 19, 2024), a divided Commonwealth Court of Pennsylvania held that to enjoy the state’s presumption of compensability, volunteer...
Divided PA Court Says “Continuous Service,” Not Level of Activity, Key to Firefighter Cancer Benefits Divided PA Court Says “Continuous Service,” Not Level of Activity, Key to Firefighter Cancer BenefitsIn a decision highlighting the importance of accurate work histories in medical causation opinions, a New York appellate court has upheld the Workers’ Compensation Board’s denial of death benefits in...
NY Court Affirms Board’s Rejection of Medical Opinion Based on Flawed Work History NY Court Affirms Board’s Rejection of Medical Opinion Based on Flawed Work HistoryIt’s axiomatic that in virtually all workers’ compensation cases it is the fact-finder–the Industrial Commission, Appeals Board, or the hearing officer–who must pass upon the credibility of witnesses; the appellate...
For Second Time in Eight Months, Arkansas Court Sends Case Back to Workers’ Compensation Commission to Determine if Claimant Successfully Rebutted Statutory Presumption Related to Alleged Methamphetamine Use For Second Time in Eight Months, Arkansas Court Sends Case Back to Workers’ Compensation Commission to Determine if Claimant Successfully Rebutted Statutory Presumption Related to Alleged Methamphetamine UseSince the enactment of the first state workers’ compensation laws one hundred years ago, exclusive remedy provisions within state acts have been a core component of the workers’ compensation “bargain.”...
Pennsylvania Worker’s “Dual Persona” Tort Action Against Employer Fails Pennsylvania Worker’s “Dual Persona” Tort Action Against Employer FailsFinding that a discharged plaintiff had failed to establish that she engaged in a protected activity under the Worker’s Disability Compensation Act (WDCA), MCL 418.101 et seq., failed to demonstrate...
Michigan Plaintiff’s Retaliatory Discharge Action Fails Michigan Plaintiff’s Retaliatory Discharge Action FailsHolding that its decades-old adoption of the equitable misrepresentation defense in Hilt Truck Lines, Inc. v. Jones, 204 Neb. 115, 281 N.W.2d 399 (1979) was “clearly erroneous,” the Supreme Court...
Nebraska High Court Nixes Pre-Employment Questionnaire “Misrepresentation” Defense Nebraska High Court Nixes Pre-Employment Questionnaire “Misrepresentation” Defense
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