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 ClaimAn Arizona appellate court recently upheld a workers’ compensation award in the form of facial disfigurement benefits where the injured worker, a truck driver, sustained a five-inch scar on his...
Arizona: Scar on Neck Qualifies for Facial/Head Disfigurement Award Arizona: Scar on Neck Qualifies for Facial/Head Disfigurement AwardOn Tuesday (May 7), Oklahoma Governor Mary Fallin signed into law Senate Bill 1062, a legislative piece that purports to reform the state’s workers’ compensation system in two broad fashions:...
Oklahoma: Workers’ Compensation “Opt-Out” Provisions Become Law Oklahoma: Workers’ Compensation “Opt-Out” Provisions Become LawStressing that “reasonableness” is a question of fact and that the review the Workers’ Compensation Court’s findings of fact were to be affirmed if supported by substantial credible evidence, the...
Montana: Carrier’s Decision to Stop Paying For Pain Medication Did Not Justify Attorney’s Fee Award Where Decision Was Based On Prior Decision of Workers’ Compensation Court Montana: Carrier’s Decision to Stop Paying For Pain Medication Did Not Justify Attorney’s Fee Award Where Decision Was Based On Prior Decision of Workers’ Compensation CourtThe Supreme Court of Rhode Island recently quashed a decree by the state’s Workers’ Compensation Court Appellate Division that in turn had affirmed a denial of workers’ compensation benefits to...
Rhode Island: Utilizing “Street-Peril” or Street Risk Doctrine, Supreme Court Reverses Denial of Claim by Verizon Employee Assaulted by Random Stranger Rhode Island: Utilizing “Street-Peril” or Street Risk Doctrine, Supreme Court Reverses Denial of Claim by Verizon Employee Assaulted by Random StrangerThe Supreme Court of New Mexico recently held that a death benefits claim filed by the widow of an off-duty police officer, who drowned while rescuing a twelve-year-old boy from...
New Mexico: Late Filing of Death Benefits Claim May Be Excused Where Delay Was Due, In Part, to Actions of Employer New Mexico: Late Filing of Death Benefits Claim May Be Excused Where Delay Was Due, In Part, to Actions of EmployerInstallation of a lift system to enable paraplegic to transfer to and from her wheelchair more safely and to live more independently were remodeling costs subject to the $60,000 limit...
Minnesota: Costs to Modify Injured Worker’s Residence to Allow For Installation of Lift System Was Limited to Statutory Max of $60K Minnesota: Costs to Modify Injured Worker’s Residence to Allow For Installation of Lift System Was Limited to Statutory Max of $60KA Louisiana appellate court recently affirmed a finding by the Office of Workers’ Compensation that granted an employer police department’s motion for summary judgment regarding a claim filed by a...
Louisiana: Police Officer Fails To Establish Acute Appendicitis Claim Was Connected to Fall at Police Station Louisiana: Police Officer Fails To Establish Acute Appendicitis Claim Was Connected to Fall at Police StationOn April 1, the Hutterite Colony, a small religious sect in Montana, asked the United States Supreme Court to review and overturn a decision by the Supreme Court of Montana...
Montana’s Hutterite Colony Seeks Review by U.S. Supreme Court of Decision Requiring it to Provide Workers’ Compensation Coverage for Colony’s Workers Montana’s Hutterite Colony Seeks Review by U.S. Supreme Court of Decision Requiring it to Provide Workers’ Compensation Coverage for Colony’s WorkersAn Arkansas appellate court recently affirmed a decision denying a claim filed by a patient-care technician who contended that her corneal ulcer resulted from or was exacerbated by a workplace...
Arkansas: Health Care Technician Fails to Establish Corneal Ulcer Was Associated With Work-Related Urine Splash Arkansas: Health Care Technician Fails to Establish Corneal Ulcer Was Associated With Work-Related Urine SplashOn Tuesday, a Virginia appellate court affirmed a decision of the state’s Workers’ Compensation Commission that reinstated disability benefits to a convenience store employee who refused to undergo recommended surgery–a...
Virginia: Employee’s Refusal of Second Knee Surgery Justified Virginia: Employee’s Refusal of Second Knee Surgery JustifiedThe Supreme Judicial Court of Maine recently reversed an award by the state’s Workers’ Compensation Board that had granted an employee specific loss benefits for the amputation of a finger,...
Maine: Employer Not Entitled to Offset Incapacity Benefits Against Specific Loss Award for Amputation Maine: Employer Not Entitled to Offset Incapacity Benefits Against Specific Loss Award for AmputationA New York appellate court recently affirmed a finding by the state’s Workers’ Compensation Board that ruled that the death of claimant’s husband was not causally related to his employment...
New York: No Death Benefits Awarded Where Work-Related Heart Attack Occurred 24 Years Earlier New York: No Death Benefits Awarded Where Work-Related Heart Attack Occurred 24 Years Earlier
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