Court Applies Massachusetts Law to Maine Injury, Rejects Immunity Defense in Multi-State Staffing Arrangement A New Hampshire contractor that likely would have enjoyed workers’ compensation immunity under Maine law lost...
Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation Immunity Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation ImmunityNew York’s Court of Appeals recently affirmed an Appellate Division order blocking defendants in a personal injury action from using a Workers’ Compensation Board causation determination as collateral estoppel, holding...
NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp Decisions NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp DecisionsIn a case involving a Nebraska truck driver-farm laborer whose treatment for metastatic cancer was allegedly postponed by complications associated with a compensable hip injury and its resulting treatment, the...
Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer Treatment Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer TreatmentA North Carolina district manager who suffered a stroke while preparing for the opening of a restaurant location—and who allegedly waited hours before coworkers summoned emergency assistance—may not pursue negligence...
NC Court of Appeals: Exclusivity Doctrine Bars Negligence Suit Following Workplace Stroke NC Court of Appeals: Exclusivity Doctrine Bars Negligence Suit Following Workplace StrokeInsurer Had No Duty to Defend Intentional Tort Claim Against Co-Employee In Ortez v. Penn Nat’l Sec. Ins. Co., 2024 N.C. App. LEXIS 1017 (Dec. 17, 2024), the North Carolina...
NC Court of Appeals Reverses $28.9 Million Tort Judgment NC Court of Appeals Reverses $28.9 Million Tort JudgmentEmployer Encouraged, But Did Not Require Inoculation A New York appellate court has affirmed the state Workers’ Compensation Board’s denial of benefits to a healthcare worker who suffered adverse reactions...
NY: Adverse Reaction to COVID Vaccination Not Compensable NY: Adverse Reaction to COVID Vaccination Not CompensableIn Bradford County v. Pasko, 323 A.3d 39 (Pa. Commw. 2024), the Pennsylvania Commonwealth Court affirmed a Workers’ Compensation Appeal Board decision that denied an employer’s claimed offset against workers’...
PA Commonwealth Court Says No Credit Allowed for Pension Benefits Provided by Employer to Injured Retiree PA Commonwealth Court Says No Credit Allowed for Pension Benefits Provided by Employer to Injured RetireeThe Arkansas Court of Appeals has reversed a workers’ compensation award for permanent impairment related to atrial fibrillation that developed following a COVID-19 infection [Booneville Hum. Dev. Ctr. v. Foster,...
Arkansas Court Reverses Permanent Benefits Award for COVID-Related Heart Condition Arkansas Court Reverses Permanent Benefits Award for COVID-Related Heart ConditionA general contractor that contractually required its subcontractors to maintain workers’ compensation insurance is immune from tort liability, even when sued by a corporate officer of the subcontractor who had...
MS High Court: Contractor Immune From Tort Claim Filed By Subcontractor’s Officer Who Opted Out of Comp Coverage MS High Court: Contractor Immune From Tort Claim Filed By Subcontractor’s Officer Who Opted Out of Comp CoverageA divided Ohio Supreme Court has held that a workers’ compensation claimant who prevails at trial may file a motion for appellate attorney fees after obtaining a favorable appellate decision,...
Ohio Supreme Court: Motions for Attorney Fees May Be Filed at any Time Ohio Supreme Court: Motions for Attorney Fees May Be Filed at any TimeAdding to the growing body of COVID-19 workers’ compensation jurisprudence, in a memorandum decision, West Virginia’s Intermediate Court of Appeals has affirmed the denial of additional medical conditions allegedly stemming...
West Virginia University Employee’s Long COVID Claim Denied West Virginia University Employee’s Long COVID Claim DeniedDeceased Employee’s Estate Fails to Show Gross Negligence In Lavery v. Campbell, 2024 Iowa App. LEXIS 849 (Dec. 4, 2024), an Iowa appellate court affirmed summary judgment in favor of...
Iowa: Co-Employee Not Liable in Fatal Machine Accident Iowa: Co-Employee Not Liable in Fatal Machine AccidentIn Collins v. Wieland Copper Prods., LLC, 2024 N.C. App. LEXIS 958 (Dec. 3, 2024), the North Carolina Court of Appeals held that a 2014 settlement agreement resolving a worker’s...
NC Court: Settlement Agreement Does Not Bar Later Claim for New Injury to Same Body Part NC Court: Settlement Agreement Does Not Bar Later Claim for New Injury to Same Body PartIn a case of first impression regarding the application of Ohio R.C. 4123.56(F), the Ohio Supreme Court has reversed the Tenth District Court of Appeals’ refusal to vacate an Industrial...
Ohio Supreme Court Vacates Commission’s TTD Award re: Post-Termination Surgery Ohio Supreme Court Vacates Commission’s TTD Award re: Post-Termination SurgeryA New Jersey appellate court has affirmed a compensation judge’s determination that a public school teacher who died from COVID-19 qualified as an “essential employee” under the state’s special pandemic...
NJ Court Finds Teacher’s COVID-19 Death Compensable Under State’s “Essential Employee” Presumption NJ Court Finds Teacher’s COVID-19 Death Compensable Under State’s “Essential Employee” PresumptionThe Oregon Court of Appeals recently affirmed a Workers’ Compensation Board decision awarding benefits to an 85-year-old worker who fainted while waiting for an employer-mandated vaccination [SAIF Corp. v. Kelkay,...
Oregon Court Affirms Award Where Elderly Worker Fainted For Unknown Reason Oregon Court Affirms Award Where Elderly Worker Fainted For Unknown Reason
New Comments