KY Supreme Court Holds the Statutory Presumption Against Recovery for Intoxicating Substances Does Not Apply to Alcohol The Kentucky Supreme Court has affirmed benefits for a traffic flagger who was...
Alcohol Falls Outside KY’s Presumption of Causation Alcohol Falls Outside KY’s Presumption of CausationFL First DCA Holds Harlem’s Narrow “Heart Disease” Definition Does Not Bar a Firefighter’s Arrhythmia Claim Under the Heart-Lung Presumption Florida’s First District Court of Appeal has affirmed an award...
The Heart Has Wiring, Too The Heart Has Wiring, TooOregon Court Applies New Claim-Closure Requirements to Case Pending on Judicial Review The Oregon Court of Appeals has held that 2022 amendments limiting retroactive “medically stationary” determinations apply to a...
“Closed” Under Old Rules, Reprocessed Under New “Closed” Under Old Rules, Reprocessed Under NewFederal Court: Gas Producer That Hired Out Well Casing Is Casing Worker’s Statutory Employer Under Pennsylvania Law A federal district court in Pennsylvania has held that a natural gas producer...
Whose Work Was Being Done? Whose Work Was Being Done?All but four states (Arkansas, Missouri, Maryland, Vermont, plus the Virgin Islands) extend immunity from tort liability not only to the employer, but co-employees, at least as long as the...
Maryland: Supervisor May Be Sued By Co-Employee re: Parking Lot Vehicular Accident Maryland: Supervisor May Be Sued By Co-Employee re: Parking Lot Vehicular AccidentAn important exception to the exclusive remedy rule relates to intentional injury inflicted by the employer on an employee. Several legal theories have been advanced to support the exception. The...
US: 2010 Statutory Amendment Spelled “Certain” Demise of Oklahoma’s “Substantially Certain” Rule in Intentional Injury Actions Against Employers US: 2010 Statutory Amendment Spelled “Certain” Demise of Oklahoma’s “Substantially Certain” Rule in Intentional Injury Actions Against EmployersThe Supreme Court of Missouri, in a split decision, construing the state’s version of the “increased-risk” doctrine, on Tuesday (May 29) reversed an award of workers’ compensation benefits to an...
Missouri: Divided Supreme Court Reverses Award of Benefits to Employee Injured Making Coffee for Herself and Others in the Office Kitchen Missouri: Divided Supreme Court Reverses Award of Benefits to Employee Injured Making Coffee for Herself and Others in the Office KitchenAs noted by Larson’s Workers’ Compensation Law, § 84.02 et seq., some of the most complex disability questions arise when the claimant returns to some kind of employment after the...
Virginia: Claimant Awarded Post-Termination PD Benefits; Her Poor Performance Was In Part Tied to Her Compensable Injuries Virginia: Claimant Awarded Post-Termination PD Benefits; Her Poor Performance Was In Part Tied to Her Compensable InjuriesA stable groom for a horse farm, who sustained multiple injuries in an automobile accident that occurred while he rode with a friend back to Kentucky from Saratoga, New York,...
Kentucky: Stable Groom, Injured In Auto Accident Returning to Kentucky From New York, Was “Traveling Employee” In Spite of Indefinite Nature of Travel Details Kentucky: Stable Groom, Injured In Auto Accident Returning to Kentucky From New York, Was “Traveling Employee” In Spite of Indefinite Nature of Travel DetailsAn integral and important part of the workers’ compensation “bargain” is the notion that once a workers’ compensation act has become applicable, either through compulsion or election, it affords the...
Illinois: Safety Inspectors Are Immune From Tort Liability For Negligent Inspection Illinois: Safety Inspectors Are Immune From Tort Liability For Negligent InspectionIt is axiomatic in workers’ compensation law that a subsequent injury, whether an aggravation of the original injury or a new and distinct injury, is compensable if it is the...
Texas Widow Prevails In Death Claim Case By Showing Husband’s Drug Overdose Could Have Been Caused By Side Effects of Prescription Pain Medication Texas Widow Prevails In Death Claim Case By Showing Husband’s Drug Overdose Could Have Been Caused By Side Effects of Prescription Pain MedicationBy Thomas A. Robinson Late last Wednesday evening (April 25th), supporters of a controversial bill that would have allowed some Oklahoma employers to “opt out” of the state’s traditional workers’...
Oklahoma Opt Out Legislation Fails: A Post Mortem Oklahoma Opt Out Legislation Fails: A Post MortemLate Wednesday evening, supporters of a controversial bill that would allow some Oklahoma employers to “opt out” of the state’s traditional workers’ compensation system [see Oklahoma House Bill 2155] fell...
Oklahoma’s Controversial “Opt Out” Legislation Fails (At Least Temporarily) Oklahoma’s Controversial “Opt Out” Legislation Fails (At Least Temporarily)In August 2007, the Supreme Court of Florida ordered the empanelment of a statewide grand jury to investigate various criminal offenses, including activities related to check cashers. In 2008, the...
The Fight Against Workers’ Compensation Fraud Takes Many Forms–Florida Goes After Unscrupulous Check Cashing Firms The Fight Against Workers’ Compensation Fraud Takes Many Forms–Florida Goes After Unscrupulous Check Cashing FirmsIn yesterday’s post, I pointed out the difficulty courts (and not a few practitioners) have had with a specific form of neutral risk–those in which an employee falls while walking...
Virginia Court Affirms Denial of Benefits Related to Unexplained Fall In Spite of Evidence That Claimant’s Step From Truck Was Larger Than Normal Staircase Distance Virginia Court Affirms Denial of Benefits Related to Unexplained Fall In Spite of Evidence That Claimant’s Step From Truck Was Larger Than Normal Staircase DistanceThere’s nothing like an employee’s unexplained fall while walking on a level, unobstructed floor to test one’s position on the positional risk doctrine in workers’ compensation claims. As was noted...
North Dakota Supreme Court Refuses to Adopt Positional Risk Doctrine in Unexplained Fall Cases North Dakota Supreme Court Refuses to Adopt Positional Risk Doctrine in Unexplained Fall Cases
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