In a decision that reinforces the potential consequences of misrepresenting one’s physical condition, a New York appellate court has upheld the permanent disqualification from wage replacement benefits of a workers’...
NY Court Upholds Permanent Benefits Ban Based on Surveillance Evidence NY Court Upholds Permanent Benefits Ban Based on Surveillance EvidenceIn an unpublished decision, a Kansas appellate court has struck down an employer’s attempt to deny workers’ compensation benefits to an employee who refused a drug test 18 days after...
Drug Test Delay Dooms Kansas Employer’s Attempt to Deny Benefits Drug Test Delay Dooms Kansas Employer’s Attempt to Deny BenefitsIn Matter of Tudor v. Whitehall Cent. Sch. Dist., 2025 N.Y. App. Div. LEXIS 827 (3d Dept., Feb. 13, 2025), the New York Appellate Division, Third Department, affirmed the state...
Cautious Medical Testimony Dooms NY Teacher’s Stroke Claim Cautious Medical Testimony Dooms NY Teacher’s Stroke ClaimBackground On May 21, 1946, Kelly fell and injured his left knee in an accident which arose out of and in the course of his employment with the employer. He...
Throwback Thursday: Kelly v. Federal Shipbuilding & Dry Dock Co. (1949) Throwback Thursday: Kelly v. Federal Shipbuilding & Dry Dock Co. (1949)One of the important axioms of workers’ compensation law is that, generally, the employer takes the employee as it finds that employee [see Larson’s Workers’ Compensation Law, § 9.02]. That...
Six-Day Delay in Getting Offshore Worker Medical Treatment For Stroke Supports Aggravation Claim Under Longshore Act Six-Day Delay in Getting Offshore Worker Medical Treatment For Stroke Supports Aggravation Claim Under Longshore ActWhat’s In a Number? Two years ago, when I got my current cell phone, the cell phone company randomly assigned my new number. I looked at the sticker on the...
Worker Claims He Was Fired For Refusing to Wear Safety Program’s “Mark of the Beast” Worker Claims He Was Fired For Refusing to Wear Safety Program’s “Mark of the Beast”Until a number of my high school classmates began to plan our 40th reunion gala several years ago, I had successfully avoided Facebook® and the other social media (I’m still...
Facebook Party Pics Help Defeat Worker’s Claim for Benefits Facebook Party Pics Help Defeat Worker’s Claim for BenefitsIn the great majority of jurisdictions, voluntary intoxication that renders an employee incapable of performing his or her work is a departure from the course of employment sufficient to defeat...
In Spite of Statutory Presumptions, Proof of Positive Drug Test May Not Be Enough to Defeat Claims In Spite of Statutory Presumptions, Proof of Positive Drug Test May Not Be Enough to Defeat ClaimsAn Ohio appellate court recently found that medical evidence presented in a death claim case was too speculative to support the required causal connection between a worker’s fatal heart attack...
Ohio: Cautious Medical Testimony Dooms Death Benefits Claim Related to “Poster Child for Heart Disease” Ohio: Cautious Medical Testimony Dooms Death Benefits Claim Related to “Poster Child for Heart Disease”Virtually every jurisdiction’s comp act has a “by accident” provision of some sort in its definition of compensable injury [for an extended discussion, see Larson’s Workers’ Compensation Law, § 42.01,...
“By Accident,” the Oft-Ignored Provision in Workers’ Compensation Law “By Accident,” the Oft-Ignored Provision in Workers’ Compensation LawA Pennsylvania nurse assistant, who claimed she suffered emotional distress when she was fired for getting pregnant, may not pursue her tort claim against the former employer in federal court,...
Nurse Assistant’s Allegations That She Was Fired For Getting Pregnant Cannot Support Emotional Distress Claim Against Former Employer Nurse Assistant’s Allegations That She Was Fired For Getting Pregnant Cannot Support Emotional Distress Claim Against Former EmployerLast Thursday, a New York appellate court recently affirmed a decision by the state’s Workers’ Compensation Board that had determined that a worker’s death was causally related to his employment...
New York: Apportionment Not Available Between Work-Related Asbestosis and Non-Work-Related Thyroid Cancer in Death Benefits Case New York: Apportionment Not Available Between Work-Related Asbestosis and Non-Work-Related Thyroid Cancer in Death Benefits CaseRecognizing that no matter how competent and reasonable a commission or board’s determination of a claimant’s medical condition and level of disability might be at the time of a hearing,...
Virginia Court: Removal of Ankle Prosthesis, Without its Replacement, Does Not Trigger Reopening Statute Virginia Court: Removal of Ankle Prosthesis, Without its Replacement, Does Not Trigger Reopening StatuteLast Wednesday, a Georgia appellate court, holding the State Board of Workers’ Compensation had utilized an “erroneous theory” regarding what conduct constitutes a deviation from employment that will bar compensation...
Georgia Appellate Court: Effort to Stop Runaway Car is Not a Deviation From the Employment Georgia Appellate Court: Effort to Stop Runaway Car is Not a Deviation From the EmploymentIn a split decision, the Arkansas Court of Appeals yesterday affirmed a finding by the state’s Workers’ Compensation Commission that an injured worker failed to rebut the statutory presumption that...
Arkansas Court Affirms Denial of Benefits; Explosion Caused By Worker’s Marijuana Use Arkansas Court Affirms Denial of Benefits; Explosion Caused By Worker’s Marijuana UseA New York appellate court, in Nichols v. Hale Creek ASACTC, 2012 N.Y. App. LEXIS 79 (Jan. 5, 2012) has affirmed an award of workers’ compensation benefits to a superintendent...
New York Correctional Facility Superintendent’s Achilles Tendon Injury While Coaching Volleyball Team is Compensable In Spite of Statute Limiting Definition of “Injury” New York Correctional Facility Superintendent’s Achilles Tendon Injury While Coaching Volleyball Team is Compensable In Spite of Statute Limiting Definition of “Injury”
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