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 NewNY 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York appellate court affirmed a decision of the state’s Workers’ Compensation Board that a claimant had not voluntarily withdrawn from the labor market by refusing a light duty...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 BenefitsThe Court of Appeals of Kentucky, in Roberts v. Sticklen, 2014 Ky. App. LEXIS 186 (Dec. 12, 2014) held that the plain language of Ky. Rev. Stat. Ann. § 342.320(2)(a)...
Kentucky Court Affirms Limitation of Attorney’s Fee in Comp Claim Involving Multiple Beneficiaries Kentucky Court Affirms Limitation of Attorney’s Fee in Comp Claim Involving Multiple BeneficiariesIn a case of first impression in Alabama, a state appellate court recently held that injuries sustained while traveling to or from a location to receive treatment for an earlier...
Alabama: Injuries Sustained While Seeking Medical Treatment For Earlier Injury Are Compensable Alabama: Injuries Sustained While Seeking Medical Treatment For Earlier Injury Are CompensableIn a case with a bizarre setting—the injured employee mysteriously disappeared in March 2012, after being awarded and receiving workers’ compensation disability benefits for almost three years—the Supreme Judicial Court...
Maine Employer May Suspend Comp Benefits to Employee Who Mysteriously Disappeared Maine Employer May Suspend Comp Benefits to Employee Who Mysteriously DisappearedA Florida appellate court recently reversed an order by a Judge of Compensation Claims requiring the employer/carrier to provide Claimant with treatment for a renal mass/cancer to the extent that...
Florida Court Reverses Award Requiring Employer to Pay for Kidney Removal Based on Hindrance of Treatment Doctrine Florida Court Reverses Award Requiring Employer to Pay for Kidney Removal Based on Hindrance of Treatment DoctrineContinuing a line of decisions that have awarded permanent partial disability benefits to dependents of workers who sustain fatal injuries in a work-related incident, but who survive the incident for...
Dependents of Ohio Worker Who Lived 4.5 Hours After Fall Awarded 1,225 Weeks of PPD Benefits Dependents of Ohio Worker Who Lived 4.5 Hours After Fall Awarded 1,225 Weeks of PPD BenefitsIn a decision handed down last Thursday [Morales v. Zenith Ins. Co., 2014 Fla. LEXIS 3555 (Dec. 4, 2014)], the Supreme Court of Florida may well have tipped its hand...
Commentary: Florida Supreme Court Hints at How It May Decide Constitutionality of Florida Comp Act Commentary: Florida Supreme Court Hints at How It May Decide Constitutionality of Florida Comp ActIn a 6–1 decision, the Supreme Court of Michigan has reversed a 2013 decision of a special panel of the state’s Court of Appeals, finding that a landscape worker was...
Michigan Supreme Court Clarifies Independent Contractor-Employee Distinction Michigan Supreme Court Clarifies Independent Contractor-Employee DistinctionA civil action filed by one equestrian exercise rider against another for injuries sustained when an anvil owned by the defendant fell from defendant’s vehicle and crushed plaintiff’s foot is...
NY: Co-employee Immunity Bars Exercise Rider’s Suit For Crushed Foot From Falling Anvil NY: Co-employee Immunity Bars Exercise Rider’s Suit For Crushed Foot From Falling Anvil
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