Court Reverses Where Employer’s Physician List Was Taped Inside a Locked Tool Box Lid The Court of Appeals of Georgia reversed a superior court order affirming denial of a workers’...
GA: “Prominent” Posting of MD List Requires More Than Accessibility GA: “Prominent” Posting of MD List Requires More Than AccessibilityPhysician-Owned Pharmacy Entitled to Reimbursement Despite Self-Referral The Pennsylvania Supreme Court recently reversed the state’s Commonwealth Court and held that the Workers’ Compensation Act's Anti-Referral Provision does not bar payment...
PA Supreme Court Narrows Workers’ Comp Anti-Referral Provision PA Supreme Court Narrows Workers’ Comp Anti-Referral ProvisionExclusivity Is an Affirmative Defense, Not a Jurisdictional Bar In Crook v. Six Flags Over Georgia II, L.P., 2026 Ga. App. LEXIS 302 (June 15, 2026), the plaintiff brought a...
Georgia Appellate Court Reverses Course Georgia Appellate Court Reverses CourseNew York’s Appellate Division, Third Department recently affirmed a Workers’ Compensation Board decision disallowing a correction sergeant’s PTSD claim, holding that the claimant did not qualify for the mental-injury exception...
NY Correction Sergeant Did Not Qualify for New PTSD Exception NY Correction Sergeant Did Not Qualify for New PTSD ExceptionAn Ohio appellate court, in Lebron v. A&A Safety, Inc., 2012 Ohio 1637, 2012 Ohio App. LEXIS 1435 (Apr. 12, 2012), recently affirmed a trial court’s summary judgment order favoring...
Ohio: Employer’s Failure to Call Employee Back to Work Was Due to Poor Economy, Not Retaliatory Motive for the Filing of a Comp Claim Ohio: Employer’s Failure to Call Employee Back to Work Was Due to Poor Economy, Not Retaliatory Motive for the Filing of a Comp ClaimGenerally speaking, the insurance carrier (and any third-party administrator representing the carrier), while performing its proper role in the workers compensation claims process, shares the employer’s immunity to suit by...
Spouse’s “Aggressive Surveillance” Cause of Action May Proceed Against Third-Party Administrator Spouse’s “Aggressive Surveillance” Cause of Action May Proceed Against Third-Party AdministratorA worker, who lost the use of his legs in 1965 in a work-related accident, and who was thereafter confined to a wheelchair, is not entitled to additional workers compensation...
Ohio: Trauma Induced Stroke Sustained In Fall From Wheelchair Is Not Compensable Aggravation of Original Injury Ohio: Trauma Induced Stroke Sustained In Fall From Wheelchair Is Not Compensable Aggravation of Original InjuryThe First Circuit Court of Appeals recently affirmed sanctions in the form of $34,908.12 in attorney’s fees against a Massachusetts attorney representing a plaintiff in a civil suit filed against...
1st Circuit: “Persistence” On the Part of Injured Employee’s Attorney Results in Attorney Being Sanctioned With Almost $35,000 in Attorney’s Fees 1st Circuit: “Persistence” On the Part of Injured Employee’s Attorney Results in Attorney Being Sanctioned With Almost $35,000 in Attorney’s FeesBecause settlement agreements ordinarily cover only those claims or rights that are specifically mentioned within the four corners of the agreement itself [see Larson’s Workers’ Compensation Law, § 132.05], attention...
Indiana: After Approval of Settlement Agreement By Board, Estate of Deceased Worker May Not Proceed Against “Employer” in Tort On Basis of Claimed Status as Independent Contractor Indiana: After Approval of Settlement Agreement By Board, Estate of Deceased Worker May Not Proceed Against “Employer” in Tort On Basis of Claimed Status as Independent ContractorAn employer, who mailed a $17,000 settlement check to the address erroneously designated by the claimant in a Compromise & Release Agreement (C&R) settling claimant’s workers’ compensation case, is still...
Employer Gets Lesson in Law of Negotiable Instruments–It Remains Liable When Claimant’s Settlement Check is Misdelivered and Forged Employer Gets Lesson in Law of Negotiable Instruments–It Remains Liable When Claimant’s Settlement Check is Misdelivered and ForgedIn a recent case from Tennessee, Byrom v. Randstad N. Am., L.P., 2012 Tenn. LEXIS 152 (Mar. 8, 2012), a special appeals panel of the state supreme court affirmed a...
Tennessee: Employee Denied Benefits for Unexplained Fall to Level Floor Tennessee: Employee Denied Benefits for Unexplained Fall to Level FloorUnder the “odd-lot” doctrine, accepted in the vast majority of jurisdictions, total disability may be found in the case of workers who, while not altogether incapacitated for work, are so...
Wyoming: High Court Finds Injured HVAC Worker Established “Odd Lot” Status” Wyoming: High Court Finds Injured HVAC Worker Established “Odd Lot” Status”“Danger invites rescue,” wrote Judge Benjamin Cordozo in his typical profound and pithy manner [see Wagner v. International Railway, 232 N.Y. 176, 133 N.E. 437 (1921)]. Cordozo’s pronouncement is generally...
New Hampshire Court Limits Firefighter’s Rule–Slip and Fall Action by Firefighter May Continue Against Homeowner New Hampshire Court Limits Firefighter’s Rule–Slip and Fall Action by Firefighter May Continue Against HomeownerA Special Workers’ Compensation Panel of the Supreme Court of Tennessee recently affirmed a judgment of a trial court that found a worker, a registered nurse, to be permanently and...
Tennessee: Combination of Injury and Cocktail of Medications to Treat Nurse’s Continuing Symptoms Equates to Permanent and Total Disability Award Tennessee: Combination of Injury and Cocktail of Medications to Treat Nurse’s Continuing Symptoms Equates to Permanent and Total Disability AwardIt has long been held that an injured employee should not be allowed to keep the entire amount of his or her workers’ compensation award and also the full common-law...
Federal District Court Grants Motion in Limine to Exclude Evidence of Workers’ Comp Benefits Received By Plaintiff Federal District Court Grants Motion in Limine to Exclude Evidence of Workers’ Comp Benefits Received By PlaintiffOne of the important axioms of workers’ compensation law is that, generally, the employer takes the employee as it finds that employee [see Larson’s Workers’ Compensation Law, § 9.02]. That...
Six-Day Delay in Getting Offshore Worker Medical Treatment For Stroke Supports Aggravation Claim Under Longshore Act Six-Day Delay in Getting Offshore Worker Medical Treatment For Stroke Supports Aggravation Claim Under Longshore Act
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