Many disputes over physician choice in workers’ compensation arise when an injured worker seeks treatment from a doctor of his or her own choosing. Hayes v. Christian Retirement Homes, Inc.,...
Iowa Supreme Court: Employer Not Bound by Opinion of Its Own Treating Physician Iowa Supreme Court: Employer Not Bound by Opinion of Its Own Treating PhysicianCourt Applies Massachusetts Law to Maine Injury, Rejects Immunity Defense in Multi-State Staffing Arrangement A New Hampshire contractor that likely would have enjoyed workers’ compensation immunity under Maine law lost...
Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation Immunity Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation ImmunityNew York’s Court of Appeals recently affirmed an Appellate Division order blocking defendants in a personal injury action from using a Workers’ Compensation Board causation determination as collateral estoppel, holding...
NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp Decisions NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp DecisionsIn a case involving a Nebraska truck driver-farm laborer whose treatment for metastatic cancer was allegedly postponed by complications associated with a compensable hip injury and its resulting treatment, the...
Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer Treatment Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer TreatmentIn a decision that illustrates the tender balance attempted in state Workers’ Compensation Acts between fairness to the injured employee and fairness to the employer and/or carrier, the Workers’ Compensation...
MT Court Weighs Difficult AWW Issues in Concurrent Employment Claim MT Court Weighs Difficult AWW Issues in Concurrent Employment ClaimIn a complex case that saw the Court opine on the distinction between “judicial dictum” and “obiter dictum,” the Kansas Supreme Court held that a general contractor could be liable...
Kansas General Contractor Found Liable for Benefits Owed to Uninsured Subcontractor’s Injured Worker Kansas General Contractor Found Liable for Benefits Owed to Uninsured Subcontractor’s Injured WorkerReversing a decision by a state judge of compensation claims (JCC) that had awarded workers’ compensation benefits to a Florida HVAC technician who sustained injuries in a vehicular accident as...
Under FL Statute, “Traveling Employee” is Not in “Travel Status” While Driving Home from Work Under FL Statute, “Traveling Employee” is Not in “Travel Status” While Driving Home from WorkConstruing Florida’s “going and coming” statute, § 440.092(2), Fla. Stat., a state appellate court affirmed a finding by a judge of compensation claims that injuries sustained by an American Airlines...
Claim of FL Airlines Employee Barred by Going and Coming Statute Claim of FL Airlines Employee Barred by Going and Coming StatuteIn an unusual case in which a surviving spouse claimed that her husband’s death from a heart attack had been caused by his three-week exposure to radar beams at work,...
Virginia Widow Loses Death From Radar Beams Claim Virginia Widow Loses Death From Radar Beams ClaimA federal district court, sitting in Wisconsin, has affirmed a decision by a U.S. Bankruptcy Judge that found $400,000 paid into the trust account of an injured worker’s attorney, and...
Federal Court: Settlement Agreement Created Express Trust Favoring Injured Worker’s Medical Providers Federal Court: Settlement Agreement Created Express Trust Favoring Injured Worker’s Medical ProvidersIn a decision that stands in stark contrast to court holdings in some other states—particularly California—a Nebraska appellate court affirmed a decision by the state’s compensation court that had found...
Nebraska Court Agrees Truck Driver Was Independent Contractor Nebraska Court Agrees Truck Driver Was Independent ContractorA 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 Exclusivity
New Comments