When Cancer Meets Causation: Wrestling with Medical Mystery in 1951 In workers’ compensation law, few challenges prove more vexing than establishing causation when the medical community itself admits ignorance about...
Throwback Thursday: Boyd v. Young (1951) Throwback Thursday: Boyd v. Young (1951)In an important decision construing the Iowa doctrine that allows gross negligence and fraudulent misrepresentation tort claims against co-employees, the Iowa Supreme Court has revived claims against Tyson Foods executives...
Iowa High Court Says Gross Negligence/Fraud Claims Can Go Forward Against Tyson Executives Iowa High Court Says Gross Negligence/Fraud Claims Can Go Forward Against Tyson ExecutivesA Horseplay Case That Shaped Utah’s Workers’ Compensation Doctrine In Prows v. Industrial Commission of Utah, 610 P.2d 1362 (Utah 1980), the Supreme Court of Utah was presented with a...
Throwback Thursday: Prows v. Industrial Commission of Utah (1980) Throwback Thursday: Prows v. Industrial Commission of Utah (1980)Exclusivity Does Not Shield Corporate Officers/Property Owners From Liability as Landlords In Nelson v. Smith, 2025 N.C. App. LEXIS 306 (May 21, 2025), the North Carolina Court of Appeals reversed...
When the Boss Wears Two Hats When the Boss Wears Two HatsIn 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Liability FL Condo Association Was Statutory Employer of Valet Service Employee and Immune from Tort LiabilityIn an unpublished opinion, the Court of Appeals of New Mexico affirmed a decision by a state workers’ compensation judge that denied an injured worker’s request for full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 Providers
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