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 ExceptionA divided Ohio appellate court recently affirmed a trial court’s final judgment that denied a dump truck driver’s claim for post traumatic stress disorder (“PTSD”) in spite of strong medical...
Ohio Court Nixes Post Traumatic Stress Disorder Claim in Spite of Close Ties With Truck Driver’s Compensable Physical Injuries Ohio Court Nixes Post Traumatic Stress Disorder Claim in Spite of Close Ties With Truck Driver’s Compensable Physical InjuriesIn a split decision, the Court of Appeals of North Carolina, in Trivette v. Yount, 2011 N.C. App. LEXIS 2598 (Dec. 20, 2011), has affirmed an order of a state...
North Carolina Teacher’s Tort Action Against Principal Who Prankishly Sprayed Her in Face With Fire Extinguisher May Move Forward North Carolina Teacher’s Tort Action Against Principal Who Prankishly Sprayed Her in Face With Fire Extinguisher May Move ForwardA North Carolina appellate court, in Quiroz v. Metropols Statuary, Inc., 2011 N.C. App. LEXIS 2619 (Dec. 20, 2011), recently affirmed a decision by the state’s Industrial Commission that had...
North Carolina Worker Injured While Retrieving Paycheck Denied Benefits Under “Going and Coming” Rule North Carolina Worker Injured While Retrieving Paycheck Denied Benefits Under “Going and Coming” RuleThe Court of Appeals of Arkansas has affirmed a determination by the state’s Workers’ Compensation Commission that ruled that a claimant’s attorney must receive one-half the allowed attorney’s fee in...
Arkansas Court Affirms Commission’s Order Requiring Claimant’s Attorney to Receive Half of Fee Over Nine-Year Period Arkansas Court Affirms Commission’s Order Requiring Claimant’s Attorney to Receive Half of Fee Over Nine-Year PeriodIndications are that Michigan Governor Rick Snyder will soon sign legislation that makes significant modifications to the state’s workers’ compensation law. H.B. 5002, introduced by state Representative Brad Jacobsen (R-Oxford),...
Michigan Governor Poised to Sign Significant Workers’ Compensation Legislation Michigan Governor Poised to Sign Significant Workers’ Compensation LegislationAs is the case in a majority of states, mental injuries, including major depression caused by work-related stress, may qualify as compensable injuries in New Hampshire [N.H. Rev. Stat. Ann...
New Hampshire: Mental Injury Following Business Failure Is Not Compensable Injury New Hampshire: Mental Injury Following Business Failure Is Not Compensable InjuryIt’s axiomatic that in virtually all workers’ compensation cases it is the fact-finder–the Industrial Commission, Appeals Board, or the hearing officer–who must pass upon the credibility of witnesses; the appellate...
For Second Time in Eight Months, Arkansas Court Sends Case Back to Workers’ Compensation Commission to Determine if Claimant Successfully Rebutted Statutory Presumption Related to Alleged Methamphetamine Use For Second Time in Eight Months, Arkansas Court Sends Case Back to Workers’ Compensation Commission to Determine if Claimant Successfully Rebutted Statutory Presumption Related to Alleged Methamphetamine UseSince the enactment of the first state workers’ compensation laws one hundred years ago, exclusive remedy provisions within state acts have been a core component of the workers’ compensation “bargain.”...
Pennsylvania Worker’s “Dual Persona” Tort Action Against Employer Fails Pennsylvania Worker’s “Dual Persona” Tort Action Against Employer FailsFinding that a discharged plaintiff had failed to establish that she engaged in a protected activity under the Worker’s Disability Compensation Act (WDCA), MCL 418.101 et seq., failed to demonstrate...
Michigan Plaintiff’s Retaliatory Discharge Action Fails Michigan Plaintiff’s Retaliatory Discharge Action FailsHolding that its decades-old adoption of the equitable misrepresentation defense in Hilt Truck Lines, Inc. v. Jones, 204 Neb. 115, 281 N.W.2d 399 (1979) was “clearly erroneous,” the Supreme Court...
Nebraska High Court Nixes Pre-Employment Questionnaire “Misrepresentation” Defense Nebraska High Court Nixes Pre-Employment Questionnaire “Misrepresentation” Defense
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