Idaho Federal Court Finds Surveillance and a Full-Duty Release Defeat Workers' Comp Retaliatory Discharge Claim The U.S. District Court for the District of Idaho recently granted summary judgment for a...
Trucker’s Retaliation Claim Runs Aground in His Own Hay Field Trucker’s Retaliation Claim Runs Aground in His Own Hay FieldRisk-Exposure Evidence Alone Can Establish the Causal Link, Justices Hold Last Thursday, In a unanimous decision authored by Justice Muñiz, the Supreme Court of Florida held that a workplace assault...
FL High Court Rejects Motive Requirement for Workplace Assault Claims FL High Court Rejects Motive Requirement for Workplace Assault ClaimsSupervisors Who Allegedly Blocked Exits Fell Outside the Workers’ Comp Act’s Exclusive Remedy The Kentucky Court of Appeals has revived tort claims brought by survivors of the December 2021 tornado...
KY Court Revives Tort Claims From Mayfield Candle Factory Tornado Deaths KY Court Revives Tort Claims From Mayfield Candle Factory Tornado DeathsMS Court Rejects Time-Bar Finding in Casino Dealer’s Shoulder Injury Case The Mississippi Court of Appeals has reversed a Workers’ Compensation Commission order dismissing a casino dealer’s shoulder injury claim...
Progressive-Injury Diagnosis, Not Initial Symptoms, Starts the Limitations Clock Progressive-Injury Diagnosis, Not Initial Symptoms, Starts the Limitations ClockA New York appellate court recently agreed with the state’s Workers’ Compensation Board that the death of a grocery store employee was causally related to the employment where evidence showed...
New York: Extraordinary Duties at Grocery Store on Super Bowl Sunday Mean Employee’s Death is Compensable New York: Extraordinary Duties at Grocery Store on Super Bowl Sunday Mean Employee’s Death is CompensableThe Court of Appeals of Iowa, in Carter v. Alter Trading Corp., 2012 Iowa App. LEXIS 879 (Oct. 17, 2012), applying the state’s “equitable” apportionment of workers’ compensation death benefits...
Iowa: Court Approves “Uneven” Split of Death Benefits Between American and Honduran Dependents of Deceased Undocumented Worker Iowa: Court Approves “Uneven” Split of Death Benefits Between American and Honduran Dependents of Deceased Undocumented WorkerBecause an injured worker offered no evidence, other than her own testimony, that her gastric bypass surgery had been beneficial to her work-related injury, it was error to find the...
Iowa: Court Finds Evidence Does Not Support Requiring Employer to Bear Expense of Gastric Bypass Surgery Iowa: Court Finds Evidence Does Not Support Requiring Employer to Bear Expense of Gastric Bypass SurgeryIn a recent decision by the Appellate Court of Illinois, Second District, Hilgart v. 210 Mittel Drive Partnership, 2012 Ill. App. LEXIS 850 (Oct. 17, 2012), the court held that...
Illinois: Injured Employee’s “Dual Capacity/Dual Persona” Claim Against Corporate Officers of Employer Fails Illinois: Injured Employee’s “Dual Capacity/Dual Persona” Claim Against Corporate Officers of Employer FailsConstruing Florida’s “Firefighter’s Presumption” [see § 112.18(1), Fla. Stat.], in Walters v. State, 2012 Fla. App. LEXIS 17887 (1st Dist., Oct. 16, 2012), a state appellate court recently reversed a...
Florida: “Firefighter’s Presumption” Aids Corrections Officer’s Heart Disease Claim Related to Unknown Virus Infection Florida: “Firefighter’s Presumption” Aids Corrections Officer’s Heart Disease Claim Related to Unknown Virus InfectionA federal district court, sitting in Iowa, recently granted an employer’s motion to dismiss an action filed against it by a worker who had asserted that he had been injured...
US: Injured Employee May Not Sue Insured Iowa Employer For Bad Faith Failure to Pay Workers’ Comp Claim US: Injured Employee May Not Sue Insured Iowa Employer For Bad Faith Failure to Pay Workers’ Comp ClaimEvidence that an injured worker attended his employer’s “Attrition Plan” meeting and signed forms related to the employer’s “Special Attrition Plan,” that provided for, among other things, a lump sum...
Pennsylvania: Injured Worker’s Participation in Employer’s “Special Attrition Plan” Causes a Loss in Disability Benefits Pennsylvania: Injured Worker’s Participation in Employer’s “Special Attrition Plan” Causes a Loss in Disability BenefitsAs observed by Dr. Larson, the exclusiveness defense is part of the quid pro quo by which “the sacrifices and gains of employees and employers are to some extent put...
Iowa: Lack of “Adequate” Remedy Does Not Mean Exclusive Remedy Provision May Be Circumvented Iowa: Lack of “Adequate” Remedy Does Not Mean Exclusive Remedy Provision May Be CircumventedIn spite of the fact that the Federal Immigration Reform and Control Act of 1986 (IRCA) makes it unlawful to knowingly hire undocumented (illegal) aliens [see 8 U.S.C.S. § 1324a],...
New York: By Hiring Illegal Alien, Employer Did Not Give Up Protection Against Third-Party Claims for Contribution and/or Indemnification New York: By Hiring Illegal Alien, Employer Did Not Give Up Protection Against Third-Party Claims for Contribution and/or IndemnificationA workers’ compensation carrier, who paid benefits to an aide at a juvenile detention center who was physically assaulted, raped, and kidnapped is entitled to take a dollar-for-dollar credit against...
New York: Comp Carrier Entitled to Take Credit Against Future Benefits for Rape Victim’s Settlement Against Employer and Co-Employees New York: Comp Carrier Entitled to Take Credit Against Future Benefits for Rape Victim’s Settlement Against Employer and Co-EmployeesAll but a handful of states have “statutory-employer” or “contractor-under” provisions within their workers’ compensation laws that make a general contractor liable for compensation to the employee of a subcontractor–usually...
Kentucky: Electric Cooperative Shielded From Tort Action Filed by Dependents of Deceased Employee of Subcontractor–The Fact That Ice Storm Overwhelmed Resources of Coop Did Not Mean Repair Work Was Not Part of Coop’s “Normal” Business Kentucky: Electric Cooperative Shielded From Tort Action Filed by Dependents of Deceased Employee of Subcontractor–The Fact That Ice Storm Overwhelmed Resources of Coop Did Not Mean Repair Work Was Not Part of Coop’s “Normal” BusinessTestimony by an injured crane operator that he was interested in opening a restaurant was too speculative to support the full commission’s finding that the crane operator had not proved...
South Carolina: Injured Crane Operator’s Confident Testimony that He Could Run a Restaurant Did Not Constitute Substantial Evidence That He Had Not Proved Wage Loss South Carolina: Injured Crane Operator’s Confident Testimony that He Could Run a Restaurant Did Not Constitute Substantial Evidence That He Had Not Proved Wage Loss
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