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 NewIn a decision that may provide some indication as to how the court might decide a claim involving Ebola exposure, an Illinois appellate court has affirmed a finding by the...
Illinois Widow Gets Death Benefits after Husband Succumbs to Neisseria Meningitides Contracted on Brazilian Business Trip Illinois Widow Gets Death Benefits after Husband Succumbs to Neisseria Meningitides Contracted on Brazilian Business TripObserving that the employee must must be taken as he or she was hired, that in determining an employee’s “earning power” following an injury, Delaware courts are authorized to consider...
Delaware Employer’s Inability to Rehire Undocumented Worker Following Injury is Its Worry, Not the Worker’s Delaware Employer’s Inability to Rehire Undocumented Worker Following Injury is Its Worry, Not the Worker’sYesterday, a Pennsylvania appellate court affirmed an order by the state’s Workers’ Compensation Appeal Board awarding workers’ compensation benefits to a worker who sustained facial lacerations and permanent scarring when...
“Dog Bites Man”: Pennsylvania Court Affirms Award for Worker Bitten By Co-Worker’s Canine “Dog Bites Man”: Pennsylvania Court Affirms Award for Worker Bitten By Co-Worker’s CanineLongshore and Harbor Workers’ Compensation Act disability benefits are subject to attachment by a worker’s former spouse, held a Pennsylvania court yesterday in Uveges v. Uveges, 2014 PA Super 251, 2014...
Pennsylvania Ex-Husband’s LHWCA Benefits Subject to Attachment by Former Spouse for Unpaid Alimony Pennsylvania Ex-Husband’s LHWCA Benefits Subject to Attachment by Former Spouse for Unpaid AlimonyA divided Court of Appeals of Iowa, in Iowa Insurance Institute v. Core Group of the Iowa Association for Justice, 2014 Iowa App. LEXIS 1067 (Oct. 29, 2014), has held...
Iowa: Surveillance Videos of Injured Workers Not Protected by Work Product Privilege Iowa: Surveillance Videos of Injured Workers Not Protected by Work Product PrivilegeConstruing A.C.A. § 11–9–102(4)(B)(iii), which provides in relevant part that a compensable injury does not include any injury inflicted upon the employee at a time when employment services were not...
Arkansas: The Second You’re Off the Clock, You’re On Your Own Arkansas: The Second You’re Off the Clock, You’re On Your OwnEbola has everyone spooked. I read this afternoon that a Dallas health care worker who handled one or more lab specimens from the Liberian man who died from Ebola is...
Commentary: Ebola Has Everybody Spooked; They’re Even Calling Me With Questions Commentary: Ebola Has Everybody Spooked; They’re Even Calling Me With QuestionsDisruption Caused by Growth in Number of Temporary/Contingent Workers A few days ago, my close colleague, Robin Kobayashi, and I put the final touches on a new book, Workers’ Compensation...
Commentary: For Whom Are You Working? Ohio Court Creates Twilight Zone For Temporary Workers Commentary: For Whom Are You Working? Ohio Court Creates Twilight Zone For Temporary WorkersThe Wyoming Supreme Court, construing the statutory provision within the state’s Workers’ Compensation Act (“the Act”) defining “employee,” recently held that an an undocumented worker might be able to take...
Wyoming Court Says Undocumented Worker Might Be Able to Employ Ingenious Argument to Avoid Exclusive Remedy Defense Wyoming Court Says Undocumented Worker Might Be Able to Employ Ingenious Argument to Avoid Exclusive Remedy DefenseLike a number of other states, Oregon has a program through which its Department of Human Services provides home health care services to qualifying clients (state citizens), at state expense....
Oregon Home Health Care Worker’s Employment Is Broader Than Approved Task List Oregon Home Health Care Worker’s Employment Is Broader Than Approved Task ListIn Onderko v. Sierra Lobo, Inc., 2014 Ohio App. LEXIS 4015 (Sept. 19, 2014), an Ohio appellate court recently held that in order to state a claim for retaliatory discharge,...
Ohio Court Clarifies Elements of Retaliatory Discharge Action Against Former Employer Ohio Court Clarifies Elements of Retaliatory Discharge Action Against Former EmployerA divided Supreme Court of Washington, noting that in Birklid v. Boeing Co., 127 Wn.2d 853, 904 P.2d 278 (1995) [see Larson’s Workers’ Compensation Law, § 103.04[3][c]], it had earlier...
Divided Washington Court Again Refuses to Adopt Substantially Certain Test Divided Washington Court Again Refuses to Adopt Substantially Certain Test
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