PA Court Finds a 15-Minute Break’s Brevity Outweighs Its Formality The Commonwealth Court of Pennsylvania recently affirmed an award of workers’ compensation benefits to a pharmacy technician struck by a...
Personal Comfort Doctrine Reaches a Formal, Unpaid Break Personal Comfort Doctrine Reaches a Formal, Unpaid BreakIdaho Federal Court Finds Surveillance and a Full-Duty Release Defeat Workers' Comp Retaliatory Discharge Claim The U.S. District Court for the District of Idaho recently granted summary judgment for a...
Trucker’s Retaliation Claim Runs Aground in His Own Hay Field Trucker’s Retaliation Claim Runs Aground in His Own Hay FieldRisk-Exposure Evidence Alone Can Establish the Causal Link, Justices Hold Last Thursday, In a unanimous decision authored by Justice Muñiz, the Supreme Court of Florida held that a workplace assault...
FL High Court Rejects Motive Requirement for Workplace Assault Claims FL High Court Rejects Motive Requirement for Workplace Assault ClaimsSupervisors Who Allegedly Blocked Exits Fell Outside the Workers’ Comp Act’s Exclusive Remedy The Kentucky Court of Appeals has revived tort claims brought by survivors of the December 2021 tornado...
KY Court Revives Tort Claims From Mayfield Candle Factory Tornado Deaths KY Court Revives Tort Claims From Mayfield Candle Factory Tornado DeathsIn 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 MediationAn Ohio appellate court disagreed with the trial court’s conclusion that a social worker was a fixed situs employee whose injuries sustained when he slipped and fell in a restaurant...
Ohio Social Worker’s Slip and Fall Injuries in Icy Restaurant Parking Lot Did Not Arise from His Employment Ohio Social Worker’s Slip and Fall Injuries in Icy Restaurant Parking Lot Did Not Arise from His EmploymentWhere a Pennsylvania construction worker, who had been rendered a paraplegic in a compensable workplace injury, obtained a bona fide estimate indicating it would cost more than $119,000 to to...
PA Court: Employer Need Not Pay Estimated Cost of Modifying Paraplegic’s Current Home Toward Purchase of New Home PA Court: Employer Need Not Pay Estimated Cost of Modifying Paraplegic’s Current Home Toward Purchase of New HomeA Louisiana appellate court held a plaintiff could not maintain a tort action against a defendant where the plaintiff and the defendant had settled a workers’ compensation action that involved...
Louisiana Plaintiff’s Civil Action Against Company Barred by Workers’ Comp Settlement Louisiana Plaintiff’s Civil Action Against Company Barred by Workers’ Comp SettlementA Florida appellate court affirmed the denial of death benefits to a mother whose 16-year-old son was killed in a tragic drowning accident on the first day of his part-time...
No Recovery for FL Mother Whose 16-Year-Old Son Died on First Day of Work No Recovery for FL Mother Whose 16-Year-Old Son Died on First Day of WorkObserving that in Kansas, like a number of other states, an employer may be liable in tort as a “third-party tortfeasor” if the employer has obligations to the employee independent...
Kansas Court Says Dual Capacity Doctrine Not Applicable Where Employer Manufactured Machine Causing Employee’s Injury Kansas Court Says Dual Capacity Doctrine Not Applicable Where Employer Manufactured Machine Causing Employee’s InjuryThe Delaware Supreme Court affirmed a decision of the Superior Court that in turn had affirmed a decision by the state’s Industrial Accident Board (“IAB”) granting an employer’s petition for...
Delaware Employer Need Not Pay for Claimant’s Opioids More than 9 Years After Accident Delaware Employer Need Not Pay for Claimant’s Opioids More than 9 Years After AccidentA New York appellate court affirmed a determination by the state’s Workers’ Compensation Board that had rescinded that part of a WCLJ’s decision finding that the claimant violated N.Y. Workers’...
NY Court: Not Every Omission of Prior Injury Constitutes Misrepresentation under § 114-a NY Court: Not Every Omission of Prior Injury Constitutes Misrepresentation under § 114-aFinding that a furnace worker had failed to establish the necessary third prong in the definition of occupational diseases—that his employment created a risk of contracting the disease (here, COVID-19)...
Ohio Court Affirms Finding that Furnace Worker’s COVID-19 Was Not Compensable Ohio Court Affirms Finding that Furnace Worker’s COVID-19 Was Not CompensableIn a decision that may have attorneys in other states scurrying back to their respective statutes to check their states’ definitions of “physician,” the Supreme Court of Kentucky held that...
KY Supreme Court: Noted Medical Authority’s AMA Guides Report Inadmissible KY Supreme Court: Noted Medical Authority’s AMA Guides Report InadmissibleQuoting Larson’s Workers’ Compensation Law, an Ohio appellate court affirmed a decision by the state’s Industrial Commission that had refused to consider various fringe benefits in the form of health...
Ohio Court Says Healthcare Benefits and Pension Contributions Not to be Used in Computing AWW Ohio Court Says Healthcare Benefits and Pension Contributions Not to be Used in Computing AWW
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