Indiana Holds That Driving at Highway Speed Increased the Risk of a Fainting Spell, Making the Resulting Crash Injuries Compensable The Indiana Court of Appeals has affirmed an award of...
Blackout Behind the Wheel Blackout Behind the WheelState Court Rejects Three Constitutional Theories Against Its Impairment-Rating Statute — Including One Never Tested Before A Pennsylvania appeals court has affirmed a modification from total to partial disability benefits...
PA’s AMA Guides Law Beats Back a New Kind of Challenge PA’s AMA Guides Law Beats Back a New Kind of ChallengeNY's Third Department Affirms the Board's Rejection of a § 114-a Finding Built on Mismatched Database Hits Yesterday, the Appellate Division, Third Department affirmed a Workers' Compensation Board decision finding...
Sixteen “Matches,“ No Fraud Sixteen “Matches,“ No FraudThe Kentucky Supreme Court has held that an employer’s statutory right to recover workers’ compensation benefits from an employee’s third-party settlement takes effect immediately, rejecting an argument that would have...
KY Supreme Court Clarifies Timing of Employer’s Subrogation Credit After Third-Party Settlement KY Supreme Court Clarifies Timing of Employer’s Subrogation Credit After Third-Party SettlementSince 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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