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NC Court of Appeals Reverses $28.9 Million Tort Judgment NC Court of Appeals Reverses $28.9 Million Tort JudgmentIn an unpublished decision, an Illinois appellate court reversed a decision of a county circuit court confirming an award of workers’ compensation benefits by the state’s Workers’ Compensation Commission on...
Illinois Court Nixes Jurisdiction When Injury and Employment Contract Were in Indiana Illinois Court Nixes Jurisdiction When Injury and Employment Contract Were in IndianaThe Supreme Court of South Dakota recently affirmed a trial court’s decision that granted summary judgment to a municipality and a volunteer fire department on the basis that the department’s...
South Dakota Court “Borrows” Going and Coming Rule for Negligence Action South Dakota Court “Borrows” Going and Coming Rule for Negligence ActionStressing that a claimant’s “injury” and “impairment” are not necessarily equivalents, an Iowa appellate court affirmed a determination that an injured worker was entitled to permanent partial disability benefits; he...
Iowa Court Affirms PPD Award Where Effects of Knee Injury Extended Beyond the Leg Iowa Court Affirms PPD Award Where Effects of Knee Injury Extended Beyond the LegA Florida appellate court affirmed a decision by a judge of compensation claims that found a law enforcement officer was not entitled to the special presumption of compensability related to...
Catch 22 Prevents Florida Officer From Utilizing Presumption of Compensability Catch 22 Prevents Florida Officer From Utilizing Presumption of CompensabilityWhere an injured employee sought a one-time change of physician and, within the five-day period designated in § 440.13(2)(f), Fla. Stat., was first given a referral physician and appointment options...
Florida Court Construes One-Time Change of Physician Statute Florida Court Construes One-Time Change of Physician StatuteWhile it is often said that the procedural aspects of a workers’ compensation dispute are largely informal, with the parties not always being bound to the narrowest interpretations of notice...
NY Claimant’s Service Upon Third-Party Administrator Was Not Service Upon the Carrier Itself NY Claimant’s Service Upon Third-Party Administrator Was Not Service Upon the Carrier ItselfA New York appellate court affirmed a decision by a state trial court that granted defendants summary judgment in a negligence action filed against them related to the alleged malfunction...
NY Court Says Collateral Estoppel Bars Injured Worker’s Subsequent Negligence Action Against Defendants NY Court Says Collateral Estoppel Bars Injured Worker’s Subsequent Negligence Action Against DefendantsQuoting Larson’s Workers’ Compensation Law, and stressing that the doctrine of res judicata should be applied differently in workers’ compensation cases than in the usual context of a judicial action,...
Res Judicata Does Not Bar KY Employee From Reopening Claim Res Judicata Does Not Bar KY Employee From Reopening ClaimA South Carolina appellate court affirmed a decision by a state trial court that dismissed the civil action filed against the S.C. Workers’ Compensation Commission by a law firm who...
SC Commission is Immune From Suit After Apparent Stumbling With Attorney’s Fee Lien SC Commission is Immune From Suit After Apparent Stumbling With Attorney’s Fee LienIn an opinion not designated for publication, the Court of Appeals of Virginia affirmed an award of workers’ compensation benefits to an employee of an auto dealership who sustained injuries...
Va. Employee’s Injuries Sustained While Moving Under Descending Door Are Compensable Va. Employee’s Injuries Sustained While Moving Under Descending Door Are CompensableThe Kentucky Supreme Court held the 2018 amendment to Ky. Rev. Stat. 342.730(4), which terminates workers’ compensation income benefits when the recipient reaches the age of 70 or four years...
KY Supreme Court Says Statute Terminating Income Benefits at Age 70 is Constitutional KY Supreme Court Says Statute Terminating Income Benefits at Age 70 is ConstitutionalA Georgia appellate court found that a state superior court erred when it reversed the State Board of Workers’ Compensation’s determination that an injured worker had recovered from a work-related...
GA Worker’s Subsequent Fall at Home Was an Intervening Cause of Current Condition GA Worker’s Subsequent Fall at Home Was an Intervening Cause of Current Condition
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