In Collins v. Des Moines Area Regional Transit Authority (DART), 2024 Iowa App. LEXIS 918 (Dec. 18, 2024), the Iowa Court of Appeals affirmed denial of workers’ compensation benefits to...
Iowa Court Affirms Denial of Benefits re: COVID-19 Claim Iowa Court Affirms Denial of Benefits re: COVID-19 ClaimIn Spisa-Kline v. Mary Lanning Memorial Hospital, 2024 Neb. App. LEXIS 750 (Dec. 31, 2024), the Nebraska Court of Appeals affirmed summary judgment for the employer in a workers’ compensation...
Nebraska COVID-19 Claim Fails For Want of Expert Medical Evidence Nebraska COVID-19 Claim Fails For Want of Expert Medical EvidenceAppeals Court Examines Going and Coming Rule The Oregon Court of Appeals has reversed and remanded a Workers’ Compensation Board decision that had denied benefits to a worker injured while...
Oregon Jaywalker Might Be Awarded Benefits Oregon Jaywalker Might Be Awarded BenefitsInsurer 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 JudgmentIn a split decision, the Supreme Court of Florida reversed a decision by the state’s Second District Court of Appeal and held that where a plaintiff tenders a written offer...
Florida Supreme Court Settles Conflict Between Districts Regarding “Offer of Judgment” Rules Florida Supreme Court Settles Conflict Between Districts Regarding “Offer of Judgment” RulesFlorida’s special firefighter statute, § 112.1816, Fla. Stat., which provides previously unavailable benefits—a one-time payment of $25,000, and full coverage of the firefighter’s cancer treatment—to firefighters who meet certain criteria...
Florida’s Special Firefighter Cancer Statute Cannot Be Applied Retroactively Florida’s Special Firefighter Cancer Statute Cannot Be Applied RetroactivelyBecause a condominium association had a contractual obligation to provide valet services to the condominium owners pursuant to the terms of the declaration of condominium, the association was the statutory...
FL Condo Association Was Statutory Employer of Valet Service Employee and Immune from Tort Liability FL Condo Association Was Statutory Employer of Valet Service Employee and Immune from Tort LiabilityIn an unpublished opinion, the Court of Appeals of New Mexico affirmed a decision by a state workers’ compensation judge that denied an injured worker’s request for full reimbursement of...
NM Court Limits Cannabis Reimbursement to Amount Set in Fee Schedule NM Court Limits Cannabis Reimbursement to Amount Set in Fee ScheduleIn a divided opinion, an Ohio appellate court affirmed a decision of a state trial court that granted summary judgment to an employer in a death benefits case that had...
Extension of Statute of Limitations in Ohio R. C. 4123.28 Does Not Apply to Death Claims Extension of Statute of Limitations in Ohio R. C. 4123.28 Does Not Apply to Death ClaimsWhere a Wisconsin worker settled a contested workers’ compensation claim with his employer and its insurer by means of a compromise settlement agreement that called for the payment of $120,000 to the claimant, $30,000....
Bankruptcy Court Nixes WI Claimant’s Effort to Avoid Paying Med Providers Bankruptcy Court Nixes WI Claimant’s Effort to Avoid Paying Med ProvidersIn a decision that may have slipped beneath the radar of insurers, administrators, and attorneys whose work is not directly impacted by the Longshore and Harbor Workers’ Compensation Act [33 U.S.C.S §§ 901, et seq.] (“the Act” or “the Longshore Act”), and yet which, as I argue below...
Opinion Mondays: As to AMA Guides, is There an Alternative to Protz? Opinion Mondays: As to AMA Guides, is There an Alternative to Protz?The first session at tomorrow afternoon's (August 18, 2020) virtual conference, sponsored by Workers' Compensation Institute, has really piqued my interest. Entitled, "THE NEW AMA Guides®" (hereinafter "the Guides"), it begs the question: "When will the 7th Edition of the Guides be released?"....
Opinion Mondays: The AMA is on Another Collision Course With Protz Opinion Mondays: The AMA is on Another Collision Course With Protz
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