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 hospital nurse, who fractured her humerus in a fall in her employer’s emergency room when her coat apparently became ensnarled in a wheelchair, did not sustain an injury arising...
Ohio Nurse’s Fall in Hospital ER Was Outside Course and Scope of Employment Ohio Nurse’s Fall in Hospital ER Was Outside Course and Scope of EmploymentAs I mentioned in an earlier post, juries in two civil actions pending before a federal court sitting in California will be allowed to determine if Uber and Lyft have...
Proposed Alaska Legislation Would Clarify That Uber and Lyft Drivers Are Not Entitled to Comp Benefits Proposed Alaska Legislation Would Clarify That Uber and Lyft Drivers Are Not Entitled to Comp BenefitsApplying Kentucky’s “up-the-ladder immunity” doctrine, a state appellate court vacated a trial court’s refusal to grant summary judgment in favor of a defendant corporation that had been sued in tort...
Kentucky Contractor Immune From Suit Filed by Employee of Subcontractor Kentucky Contractor Immune From Suit Filed by Employee of SubcontractorIn a decision that has been not been designated for publication, the Court of Appeals of Virginia held that an employee cured his refusal of selective employment (“light work”) where,...
Virginia Employee Who Cures Light Work Refusal Entitled to Comp Benefits Virginia Employee Who Cures Light Work Refusal Entitled to Comp BenefitsOn Tuesday, a federal district court in Oklahoma, noting that claims arising under the workers’ compensation laws of any state are not removable under 28 U.S.C.A. § 1445(c), held that...
Federal Court Must Sever and Remand Oklahoma Retaliatory Discharge Claim Federal Court Must Sever and Remand Oklahoma Retaliatory Discharge ClaimWhere Claimant sustained a severe sprain to his right shoulder while working as a police officer in 1981 and returned to work without any schedule of loss (“SLU”) or other...
New York: Apportionment Inappropriate Where 1981 Injury Remained Symptomatic But Was Not Disabling New York: Apportionment Inappropriate Where 1981 Injury Remained Symptomatic But Was Not DisablingA state park grounds-keeper, who worked outside—often in cold conditions—for more than 35 years, and who developed a diabetic ulceration with a secondary formation of osteomyelitis—an infection in a bone...
New York: Long-Term Exposure to Cold Found Insufficient to Support Occupational Disease Claim New York: Long-Term Exposure to Cold Found Insufficient to Support Occupational Disease ClaimWhere a registered nurse suffered multiple allergic attacks caused by exposure to a chemical component of a floor wax product used by the hospital employing her, she was entitled to...
Pennsylvania Nurse Due Partial Benefits Because of Allergy to Hospital Floor Wax Pennsylvania Nurse Due Partial Benefits Because of Allergy to Hospital Floor WaxSurveillance video spanning a period of almost three years that showed that the claimant, a former dockworker and truck driver, engaged in numerous physical activities, including riding a motorcycle, attending...
Surveillance Video Sinks Ohio Claimant’s Odd-Lot Claim Surveillance Video Sinks Ohio Claimant’s Odd-Lot ClaimIn a split decision, the Supreme Court of South Carolina, reversing a majority decision by the state’s Court of Appeals, held that an exotic dancer was an employee—not an independent...
South Carolina Supreme Court Says Exotic Dancer Was an Employee of Nightclub South Carolina Supreme Court Says Exotic Dancer Was an Employee of NightclubEarlier today I had the pleasure of speaking at a “Spring Seminar” sponsored by Injured Workers’ Advocates, a group of South Carolina claimants’ attorneys who have gathered at the Isle...
Sunny Greetings from Isle of Palms, SC Sunny Greetings from Isle of Palms, SCA Colorado workers’ compensation insurer and an employer’s counsel need not respond to a discovery request made by a workers’ compensation claimant that they disclose whether any of them had...
Colorado Employer and Carrier Need Not Disclose if They Made Gifts to State Comp Judges Colorado Employer and Carrier Need Not Disclose if They Made Gifts to State Comp Judges
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