In a decision that reinforces the potential consequences of misrepresenting one’s physical condition, a New York appellate court has upheld the permanent disqualification from wage replacement benefits of a workers’...
NY Court Upholds Permanent Benefits Ban Based on Surveillance Evidence NY Court Upholds Permanent Benefits Ban Based on Surveillance EvidenceIn an unpublished decision, a Kansas appellate court has struck down an employer’s attempt to deny workers’ compensation benefits to an employee who refused a drug test 18 days after...
Drug Test Delay Dooms Kansas Employer’s Attempt to Deny Benefits Drug Test Delay Dooms Kansas Employer’s Attempt to Deny BenefitsIn Matter of Tudor v. Whitehall Cent. Sch. Dist., 2025 N.Y. App. Div. LEXIS 827 (3d Dept., Feb. 13, 2025), the New York Appellate Division, Third Department, affirmed the state...
Cautious Medical Testimony Dooms NY Teacher’s Stroke Claim Cautious Medical Testimony Dooms NY Teacher’s Stroke ClaimBackground On May 21, 1946, Kelly fell and injured his left knee in an accident which arose out of and in the course of his employment with the employer. He...
Throwback Thursday: Kelly v. Federal Shipbuilding & Dry Dock Co. (1949) Throwback Thursday: Kelly v. Federal Shipbuilding & Dry Dock Co. (1949)An Illinois widow may pursue a civil action against her deceased husband’s employer for his asbestos-related death, even though his exposure occurred decades before a 2019 amendment to the state’s...
IL Supreme Court: Widow Can Sue in Tort Although Husband’s Exposure to Toxins Occurred Before 2019 Legislative Change IL Supreme Court: Widow Can Sue in Tort Although Husband’s Exposure to Toxins Occurred Before 2019 Legislative ChangeBackground In the late 1960s and early 1970s, Robert Booker worked as a laboratory technician at Duke Medical Center in Durham, North Carolina, performing routine chemical tests on blood specimens....
Throwback Thursday: Booker v. Duke Medical Center (1979) Throwback Thursday: Booker v. Duke Medical Center (1979)Passenger’s Attack Just Part of Driver’s “Normal Work Environment” In Matter of Waddy v. Manhattan & Bronx Surface Tr. Auth., 2025 N.Y. App. Div. LEXIS 244 (3rd Dept. Jan. 16,...
No PTSD Benefits for NY City Bus Driver No PTSD Benefits for NY City Bus DriverYesterday, reversing a trial court’s decision granting defendant vehicle owners’ motion for summary judgment, in Niebuhr v. Sieberg, 2025 Minn. App. LEXIS 4 (Jan. 13, 2025), the Minnesota Court of...
MN: Driver’s Co-Employee Immunity Doesn’t Shield Vehicle Owners From Liability MN: Driver’s Co-Employee Immunity Doesn’t Shield Vehicle Owners From LiabilityIn a unanimous decision, Hill v. Agri-Mark, Inc., 2025 VT 3, 2025 Vt. LEXIS 2 (Jan. 10, 2025), the Supreme Court of Vermont affirmed the state Department of Labor’s authority...
VT High Court Upholds Administrative Rule on Concurrent Employment Wage Calculations VT High Court Upholds Administrative Rule on Concurrent Employment Wage CalculationsNC Court Should Not Disclose Power of Court to Reduce Employer’s Comp Lien The North Carolina Court of Appeals recently held that despite the statutory requirement that a trial judge...
What Should the Tort Jury Know About Comp Benefits Already Received? What Should the Tort Jury Know About Comp Benefits Already Received?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 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 Retiree
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