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 decision by the state’s Workers’ Compensation Board that found an injured worker’s failure to disclose work-related injuries he sustained in 1998 and 2002,...
Failure to Disclose Prior Work-Related Injuries Proves Fatal for NY Worker’s Claim for Continued Benefits Failure to Disclose Prior Work-Related Injuries Proves Fatal for NY Worker’s Claim for Continued BenefitsIn a meticulous and well-reasoned opinion weighing and discussing multiple issues, the Supreme Court of Idaho held that the state’s Industrial Commission committed error when it ruled that the claimant’s...
120-Pound Weight Gain Might (or Might Not) Sink Idaho Worker’s Aggravation Claim 120-Pound Weight Gain Might (or Might Not) Sink Idaho Worker’s Aggravation ClaimReiterating that aTexas workers’ compensation carrier is entitled to the “first money” an injured worker recovered in a third-party tort action—here, settlement of a medical malpractice claim—and stressing further that...
Texas Court Stresses Comp Carrier is Entitled to Full “First Money” in Worker’s Third-Party Tort Settlement Texas Court Stresses Comp Carrier is Entitled to Full “First Money” in Worker’s Third-Party Tort SettlementUnder Rhode Island’s so-called Branco exception to the going and coming rule, an employee and/or the employee’s dependents may recover workers’ compensation benefits where the employee’s injury or death results...
RI Supreme Court Broadens “Parking Lot” Rule to Include Leased Properties RI Supreme Court Broadens “Parking Lot” Rule to Include Leased PropertiesN.C. Gen. Stat. § 97-85(a), which empowers the North Carolina Industrial Commission to reconsider the evidence before the deputy commissioner, and to amend the deputy commissioner’s award “if good ground...
NC Court Reiterates that Full Commission, Not the Deputy Commissioner, is the Ultimate Factfinder NC Court Reiterates that Full Commission, Not the Deputy Commissioner, is the Ultimate FactfinderThe Supreme Court of Idaho, construing Idaho Code § 72-438(14)(b), which generally provides firefighters with a rebuttable presumption that certain listed cancers have a causal connection with the employment, held...
To Rebut Idaho’s Cancer Presumption Favoring Firefighters, Employer Must Offer Evidence that Cancer was Not Caused by Employment To Rebut Idaho’s Cancer Presumption Favoring Firefighters, Employer Must Offer Evidence that Cancer was Not Caused by EmploymentWhere a police officer had sustained three prior work-related injuries and sought to receive compensation for an alleged injury to his neck, the burden was on the employee to show...
Lay Testimony Insufficient to Establish Causation for MS Claimant Lay Testimony Insufficient to Establish Causation for MS ClaimantA Florida appellate court held that a judge of compensation claims committed error when he determined that a construction worker who sustained severe injuries in a vehicular accident as he...
Florida Court Stresses There is No “Field Employee” Exception to Statutory Going and Coming Rule Florida Court Stresses There is No “Field Employee” Exception to Statutory Going and Coming RuleA New York appellate court affirmed the state Board’s rescission of a WCLJ’s reduced earnings award where it found that while the workers’ compensation claimant did have medical restrictions following...
NY Court Says Existence of Medical Restrictions Are Alone Insufficient to Establish Reduced Earnings Claim NY Court Says Existence of Medical Restrictions Are Alone Insufficient to Establish Reduced Earnings ClaimIn an important case that may define—at least in California—an employer’s responsibility for injuries sustained when an employee’s family member contracts COVID-19 as a result of an infection that is...
California High Court May Take Another Look at Employer’s Liability for COVID-19 Contracted by Employee’s Family Member California High Court May Take Another Look at Employer’s Liability for COVID-19 Contracted by Employee’s Family MemberA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that apportioned liability for the benefits due under an injured employee’s workers’ compensation claim between the...
NY Court Affirms Apportionment of Liability Between Special and General Employers NY Court Affirms Apportionment of Liability Between Special and General EmployersReversing a portion of a decision by the New York Workers’ Compensation Board, a state appellate court stressed that the appropriate date of a finding of no labor market attachment...
NY Court Disapproves of Board’s Retroactive Disqualification for Lack of Labor Market Attachment NY Court Disapproves of Board’s Retroactive Disqualification for Lack of Labor Market Attachment
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