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 HatsA decision by the New York Workers’ Compensation Board that a claimant should have been aware of the work-related nature of his back pain and injury in June 2017, at...
NY Board Errs in Setting Disablement Date for Repetitive Stress Injury NY Board Errs in Setting Disablement Date for Repetitive Stress InjuryA Florida appellate court held that a state JCC had erred when the JCC denied compensability of a claim in which an employee suffered an unexplained fall as she walked...
Florida Court Re-examines Valcourt-Williams “Increased Risk” Analysis Florida Court Re-examines Valcourt-Williams “Increased Risk” AnalysisA Florida appellate court affirmed a state JCC’s denial of a claim filed by a teacher who sustained a broken left femur when he lost his balance and fell after...
Florida Teacher’s Fall After His Leg Went to Sleep is Not Compensable Florida Teacher’s Fall After His Leg Went to Sleep is Not CompensableFinding that a Nevada appeals officer had focused too narrowly on an employee’s work-related duties and had not considered the totality of the circumstances in determining if the employee’s injury...
NV Cannabis Dispensary’s Employee Might Recover for Injuries Sustained in Altercation with Customer NV Cannabis Dispensary’s Employee Might Recover for Injuries Sustained in Altercation with CustomerA federal district court, sitting in Texas and construing Texas law, granted a defendant-employer’s motion for summary judgment in a civil action filed against it by the family of a...
Civil Action Related to COVID-19 Death of Texas Employee Barred by Exclusivity Civil Action Related to COVID-19 Death of Texas Employee Barred by ExclusivityWhere, after his work-related injury, a New York employee returned to light work for a different employer and then was laid off due to cutbacks related to the COVID-19 pandemic,...
Light-Duty NY Worker Gets No Reduced Earnings Benefits Following COVID-19 Cutbacks Light-Duty NY Worker Gets No Reduced Earnings Benefits Following COVID-19 CutbacksStressing that it is for the New York Workers’ Compensation Board to weigh the evidence—including the medical evidence—and that the Board’s findings will be upheld if supported by substantial evidence,...
Ex Parte Letter to Treating Physician Sinks NY Truck Driver’s Occupational Disease Claim Ex Parte Letter to Treating Physician Sinks NY Truck Driver’s Occupational Disease ClaimIn a case arising out of a tragic and bizarre 2017 multiple-shooting incident at a New York hospital, a state appellate court reversed a decision of the Empire State’s Workers’...
Mass Shooting Victim’s NY Civil Action May Move Forward Against Employer Mass Shooting Victim’s NY Civil Action May Move Forward Against EmployerYesterday, a Florida appellate court held the state’s Workers’ Compensation Code (Code) does not authorize a Judge of Compensation Claims (JCC) to strike a physician authorized by the Employer/Carrier (E/C)...
Florida JCC May Not Strike Authorized Physician Because of Fee Dispute Florida JCC May Not Strike Authorized Physician Because of Fee DisputeSubstantial evidence supported the New York Workers’ Compensation Board’s determination that a claimant, a bus driver, had not sustained an injury arising out of and in the course of his...
Bus Camera Video Sinks NY City Driver’s Back Injury Claim Bus Camera Video Sinks NY City Driver’s Back Injury ClaimIn the continuing battle in Kansas over the use of the Sixth Edition of the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment, a divided Court of...
Battle Continues in Kansas Over Use of 6th Edition of AMA Guides Battle Continues in Kansas Over Use of 6th Edition of AMA GuidesIn a divided decision, a New York appellate court held that where a Manpower, Inc. temporary worker was assigned to conduct inventory control at a pharmaceutical plant operated by two...
Judicial Estoppel Bars NY Defendants’ Exclusive Remedy Defense Judicial Estoppel Bars NY Defendants’ Exclusive Remedy Defense
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