Insurer Had No Duty to Defend Intentional Tort Claim Against Co-Employee In Ortez v. Penn Nat’l Sec. Ins. Co., 2024 N.C. App. LEXIS 1017 (Dec. 17, 2024), the North Carolina...
NC Court of Appeals Reverses $28.9 Million Tort Judgment NC Court of Appeals Reverses $28.9 Million Tort JudgmentEmployer Encouraged, But Did Not Require Inoculation A New York appellate court has affirmed the state Workers’ Compensation Board’s denial of benefits to a healthcare worker who suffered adverse reactions...
NY: Adverse Reaction to COVID Vaccination Not Compensable NY: Adverse Reaction to COVID Vaccination Not CompensableIn Bradford County v. Pasko, 323 A.3d 39 (Pa. Commw. 2024), the Pennsylvania Commonwealth Court affirmed a Workers’ Compensation Appeal Board decision that denied an employer’s claimed offset against workers’...
PA Commonwealth Court Says No Credit Allowed for Pension Benefits Provided by Employer to Injured Retiree PA Commonwealth Court Says No Credit Allowed for Pension Benefits Provided by Employer to Injured RetireeThe Arkansas Court of Appeals has reversed a workers’ compensation award for permanent impairment related to atrial fibrillation that developed following a COVID-19 infection [Booneville Hum. Dev. Ctr. v. Foster,...
Arkansas Court Reverses Permanent Benefits Award for COVID-Related Heart Condition Arkansas Court Reverses Permanent Benefits Award for COVID-Related Heart ConditionSince 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
New Comments