IA Reads No Suitability Requirement into § 85.34(2)(v) The Iowa Court of Appeals affirmed a commissioner’s decision limiting a drywall worker’s permanent partial disability recovery to his functional impairment after...
Offer of Higher-Paying Work Limits Permanent Disability Award Offer of Higher-Paying Work Limits Permanent Disability AwardSubway Cleaner Who Witnessed a Platform Injury A New York appellate court recently affirmed a Workers’ Compensation Board decision disallowing a subway-station cleaner’s PTSD claim after he witnessed a woman’s...
NY PTSD Claim Fails Under Pre-Amendment Stress Standard NY PTSD Claim Fails Under Pre-Amendment Stress StandardAL Supreme Court: HR’s Role Was a Jury Question The Alabama Supreme Court, by a 5–4 vote, affirmed liability for retaliatory discharge where the evidence permitted a jury to find...
Who Made the Firing Decision? Alabama Court Upholds Retaliation Finding Who Made the Firing Decision? Alabama Court Upholds Retaliation FindingNY Bus Driver’s Crash and Arrhythmia A New York appellate court has affirmed a Workers’ Compensation Board finding that a school bus driver’s injuries and death arose out of his...
Uncertain Cardiac Sequence Does Not Defeat NY Bus Driver’s Claim Uncertain Cardiac Sequence Does Not Defeat NY Bus Driver’s ClaimLongshore 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 TestOn Wednesday, an Oregon appellate court affirmed the denial of an injured worker’s claim for workers’ compensation benefits on the grounds that she had, without an appropriate reason, failed to...
Oregon Court Affirms Denial of Claim Due to Claimant’s Failure to Cooperate Oregon Court Affirms Denial of Claim Due to Claimant’s Failure to CooperateAn Ohio appellate court recently affirmed a jury’s determination that a home health care nursing director, who sustained injuries in an automobile accident as he drove from a restaurant to...
Ohio Jury Uses MapQuest Data to Help Establish Significance of Claimant’s Deviation from Employment Ohio Jury Uses MapQuest Data to Help Establish Significance of Claimant’s Deviation from EmploymentA California appellate court has sustained a demurrer to a complaint alleging, among other things, intentional infliction of emotional distress filed by a former employee of a car dealership against...
California Court Says Plaintiff’s IIED Claim is Barred by Exclusivity California Court Says Plaintiff’s IIED Claim is Barred by Exclusivity
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