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 ClockIn Ohio, with the exceptions of hearing and sight, scheduled loss compensation was originally limited to amputation. More recently, however, (see State ex rel. Kroger Co. v. Johnson, 128 Ohio...
Ohio: Total Loss of Use of Rotator Cuff Does Not Mean Loss of Use of Arm Ohio: Total Loss of Use of Rotator Cuff Does Not Mean Loss of Use of ArmThe Kentucky Court of Appeals sent a not so subtle message to any volunteer firefighter within the state who has been laid off from his or her regular employment during...
Kentucky: “No Good Deed Goes Unpunished”–Injured Volunteer Firefighter Gets no PD Award Since, After Lay-off, He Had No Wages From Which Benefits Could Be Computed Kentucky: “No Good Deed Goes Unpunished”–Injured Volunteer Firefighter Gets no PD Award Since, After Lay-off, He Had No Wages From Which Benefits Could Be ComputedAn exotic dancer, who worked in various “strip” clubs in North and South Carolina, and who was shot and seriously wounded while performing at the Boom Boom Room Studio 54...
South Carolina: Exotic Dancer Shot in Strip Club Brawl Was Not an Employee–No Workers’ Compensation Benefits South Carolina: Exotic Dancer Shot in Strip Club Brawl Was Not an Employee–No Workers’ Compensation BenefitsA Maryland appellate court recently reversed a trial court’s decision that would have allowed testimony by a physician related to claims by various employees that they had sustained an accidental...
Maryland: Expert Testimony Linking Employees’ “Sick Building” Syndrome to Workplace Not Admissible Maryland: Expert Testimony Linking Employees’ “Sick Building” Syndrome to Workplace Not AdmissibleLast Friday, a Missouri appellate court reversed a decision by a state trial court that had sustained a defendant-employer’s motion for summary judgment in a wrongful death action filed against...
Missouri: Boyfriend’s Murder of Employee Did Not Arise From the Employment; Wrongful Death Action Not Barred by Exclusive Remedy Doctrine Missouri: Boyfriend’s Murder of Employee Did Not Arise From the Employment; Wrongful Death Action Not Barred by Exclusive Remedy DoctrineA Texas appellate court recently affirmed a decision by a state district court that had granted summary judgment in favor of a nursing center in a retaliatory discharge lawsuit filed...
Texas: Fired Employee May Not Maintain Retaliatory Discharge Action Against Non-Subscribing Employer Texas: Fired Employee May Not Maintain Retaliatory Discharge Action Against Non-Subscribing EmployerA claimant’s receipt of a doctor’s bill showing an unpaid balance due of $37,674, after he and the employer had signed a Compromise and Release agreement settling the claimant’s workers’...
Pennsylvania: Claimant Who Settles Claim and Then Receives Large Doctor’s Bill May Not Rescind Compromise and Release Agreement Based on Mistake Pennsylvania: Claimant Who Settles Claim and Then Receives Large Doctor’s Bill May Not Rescind Compromise and Release Agreement Based on MistakeIn a case involving a claim by a former Washington Redskins professional football player for benefits under the Maryland Workers’ Compensation Act, based upon an injury during pre-game warm-up at...
Maryland: Forum Selection Clause in Pro Football Employment Agreement Cannot Trump State Law Maryland: Forum Selection Clause in Pro Football Employment Agreement Cannot Trump State LawIn a case with somewhat bizarre facts [see Pennsylvania State Univ. v. Workers’ Comp. Appeal Bd. (Rabin), 2012 Pa. Commw. LEXIS 245], a Pennsylvania appellate court recently affirmed an award...
Pennsylvania: Trip to the Salad Bar Proves Fatal for College Professor Pennsylvania: Trip to the Salad Bar Proves Fatal for College ProfessorAs a father of three sons and a daughter–they’re all grown now–I’ve had more than one occasion to repeat to myself a favorite line spoken by another dad, this one...
Alabama: Court Reverses Award of Benefits to Truck Driver Bitten by Rattlesnake Alabama: Court Reverses Award of Benefits to Truck Driver Bitten by RattlesnakeThe Court of Appeals of Virginia recently reversed a decision by the state’s Workers’ Compensation Commission that had awarded workers’ compensation benefits to a nurse who injured her finger on...
VA: Nurse’s Injury to Finger As She Reached Into Personal Handbag To Retrieve “Favorite” Pen Is Not Compensable VA: Nurse’s Injury to Finger As She Reached Into Personal Handbag To Retrieve “Favorite” Pen Is Not CompensableAffirming a decision of the state’s Workers’ Compensation Commission that had denied benefits to a restaurant host/waiter who injured his esophagus while attempting to swallow a bite of quesadilla that...
VA: Virginia Court Mischaracterizes “Actual Risk” Test in Determining Legal Causation, Yet Offers Motherly Advice: “Waiters, Take Small Bites!” VA: Virginia Court Mischaracterizes “Actual Risk” Test in Determining Legal Causation, Yet Offers Motherly Advice: “Waiters, Take Small Bites!”
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