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 JudgmentA New York appellate court affirmed a finding of a state WCLJ, affirmed by the New York Workers’ Compensation Board, that a claimant had not made misrepresentations regarding his prior...
No Violation of N.Y. Workers’ Comp. Law § 114-a Where Testimony Inconsistencies Explained by Head Injury No Violation of N.Y. Workers’ Comp. Law § 114-a Where Testimony Inconsistencies Explained by Head InjuryConstruing the N.Y. Workers’ Compensation Guidelines for Determining Impairment, a state appellate court affirmed a decision of the Workers’ Compensation Board that held an injured employee’s foot injury was not...
NY Claimant Entitled to Marked Permanent Disability Award Instead of SLU Award NY Claimant Entitled to Marked Permanent Disability Award Instead of SLU AwardWhere a New York workers’ compensation claimant testified that he had not worked after a specific date and also represented to a carrier’s medical consultant that he had stopped working...
Failure to Disclose Earnings From Home-Based Business is Violation of NY Fraud Statute Failure to Disclose Earnings From Home-Based Business is Violation of NY Fraud StatuteIn a case with a bizarre fact pattern, a Mississippi appellate court affirmed the denial of workers’ compensation benefits to a worker who sustained injuries in a workplace altercation [Hollis...
Injuries Sustained by MS Worker in Fight Over Country Music Not Compensable Injuries Sustained by MS Worker in Fight Over Country Music Not CompensableThe Court of Appeals of North Carolina, construing the state’s version of the “found dead” rule, affirmed a decision by the state’s Industrial Commission that awarded death benefits to the...
NC Court Affirms Death Benefits Award Under State’s “Found Dead” Presumption NC Court Affirms Death Benefits Award Under State’s “Found Dead” PresumptionWhere an Illinois employee failed to indicate to his employer that his absence from work was due to an alleged work-related injury and he filed his workers’ compensation claim six...
Illinois Employee’s Termination Not Retaliatory Where it Occurred Six Weeks Prior to His Filing Comp Claim Illinois Employee’s Termination Not Retaliatory Where it Occurred Six Weeks Prior to His Filing Comp ClaimWhere a North Carolina truck driver was terminated from employment because the employer determined that the driver had been at fault in causing an accident that resulted in his injuries,...
NC Employer May Not Use Truck Driver’s “Misconduct” in Causing Accident as Excuse for Denying TTD Benefits NC Employer May Not Use Truck Driver’s “Misconduct” in Causing Accident as Excuse for Denying TTD BenefitsA Virginia part-time employee, who was able to work without restrictions for three months, following a work-related injury, and who then was “taken off work” by his cardiologist because of...
Virginia Worker’s Post-Injury Decision to be “Off-Work” Due to COVID-19 Sinks TTD Claim Virginia Worker’s Post-Injury Decision to be “Off-Work” Due to COVID-19 Sinks TTD ClaimIn an unusual case that turned on the “peculiar” wording of New Mexico’s statutory going and coming rule, the Court of Appeals of New Mexico affirmed a decision by a...
New Mexico Court Discusses State’s “Peculiar” Going and Coming Rule New Mexico Court Discusses State’s “Peculiar” Going and Coming RuleA Louisiana appellate court recently affirmed a determination by a WCJ that a pharmacy technician’s injuries resulting from a fall at her computer station after she had suffered a one-time...
Employee Recovers for Idiopathic Fall Under Louisiana’s Positional Risk Doctrine Employee Recovers for Idiopathic Fall Under Louisiana’s Positional Risk DoctrineIn a recent decision that outlines and clarifies several important issues related to injuries in an employer-owned or controlled parking lot, an Ohio appellate court reversed a trial court’s determination...
Ohio Court Stresses Not All Employer Parking Lot Injuries are Compensable Ohio Court Stresses Not All Employer Parking Lot Injuries are CompensableObserving that after a 2007 amendment to S.C Code § 42-9-390, an agreement settling a workers’ compensation dispute no longer had to be approved by the Commission if both parties...
Signed Mediation Agreement Binds Employer/Carrier to $1 Million Payment in Spite of Worker’s Death Seven Days After Mediation Signed Mediation Agreement Binds Employer/Carrier to $1 Million Payment in Spite of Worker’s Death Seven Days After Mediation
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