Subway 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 ClaimIL Applies Saunders Acquiescence Exception to Footwear Rule An Illinois appellate court, in a decision not designated for full publication, has affirmed an award of benefits to an ice cream...
Safety Rule Defense Fails Where Employer Tolerated Violation Safety Rule Defense Fails Where Employer Tolerated ViolationTestimony 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 LossIn 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 Compensable
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