LA Second Circuit Affirms Forfeiture for False Answers on Pre-Hire Questionnaires About Prior Work Accidents and a Recommended Surgery Louisiana’s Second Circuit Court of Appeal has affirmed a ruling that...
Two Boxes Checked “No” Two Boxes Checked “No”LA Fourth Circuit, 3–2, Holds Dump-Truck Driver Paid 25% of Truck Earnings Was an Employee Despite 1099; Dissent Invokes Manifest-Error Review The Louisiana Court of Appeal, Fourth Circuit recently reversed...
Louisiana Court: Paid a Percentage, Still an Employee Louisiana Court: Paid a Percentage, Still an EmployeeKY Supreme Court Holds the Statutory Presumption Against Recovery for Intoxicating Substances Does Not Apply to Alcohol The Kentucky Supreme Court has affirmed benefits for a traffic flagger who was...
Alcohol Falls Outside KY’s Presumption of Causation Alcohol Falls Outside KY’s Presumption of CausationFL First DCA Holds Harlem’s Narrow “Heart Disease” Definition Does Not Bar a Firefighter’s Arrhythmia Claim Under the Heart-Lung Presumption Florida’s First District Court of Appeal has affirmed an award...
The Heart Has Wiring, Too The Heart Has Wiring, TooFlorida’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Liability FL Condo Association Was Statutory Employer of Valet Service Employee and Immune from Tort LiabilityIn an unpublished opinion, the Court of Appeals of New Mexico affirmed a decision by a state workers’ compensation judge that denied an injured worker’s request for full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 ProvidersIn a decision that may have slipped beneath the radar of insurers, administrators, and attorneys whose work is not directly impacted by the Longshore and Harbor Workers’ Compensation Act [33 U.S.C.S §§ 901, et seq.] (“the Act” or “the Longshore Act”), and yet which, as I argue below...
Opinion Mondays: As to AMA Guides, is There an Alternative to Protz? Opinion Mondays: As to AMA Guides, is There an Alternative to Protz?The first session at tomorrow afternoon's (August 18, 2020) virtual conference, sponsored by Workers' Compensation Institute, has really piqued my interest. Entitled, "THE NEW AMA Guides®" (hereinafter "the Guides"), it begs the question: "When will the 7th Edition of the Guides be released?"....
Opinion Mondays: The AMA is on Another Collision Course With Protz Opinion Mondays: The AMA is on Another Collision Course With ProtzA New York appellate court affirmed a finding of a state WCLJ, affirmed by the New York Workers’ Compensation Board, that a claimant had not made misrepresentations regarding his prior...
No Violation of N.Y. Workers’ Comp. Law § 114-a Where Testimony Inconsistencies Explained by Head Injury No Violation of N.Y. Workers’ Comp. Law § 114-a Where Testimony Inconsistencies Explained by Head InjuryConstruing the N.Y. Workers’ Compensation Guidelines for Determining Impairment, a state appellate court affirmed a decision of the Workers’ Compensation Board that held an injured employee’s foot injury was not...
NY Claimant Entitled to Marked Permanent Disability Award Instead of SLU Award NY Claimant Entitled to Marked Permanent Disability Award Instead of SLU AwardWhere a New York workers’ compensation claimant testified that he had not worked after a specific date and also represented to a carrier’s medical consultant that he had stopped working...
Failure to Disclose Earnings From Home-Based Business is Violation of NY Fraud Statute Failure to Disclose Earnings From Home-Based Business is Violation of NY Fraud StatuteIn a case with a bizarre fact pattern, a Mississippi appellate court affirmed the denial of workers’ compensation benefits to a worker who sustained injuries in a workplace altercation [Hollis...
Injuries Sustained by MS Worker in Fight Over Country Music Not Compensable Injuries Sustained by MS Worker in Fight Over Country Music Not CompensableThe Court of Appeals of North Carolina, construing the state’s version of the “found dead” rule, affirmed a decision by the state’s Industrial Commission that awarded death benefits to the...
NC Court Affirms Death Benefits Award Under State’s “Found Dead” Presumption NC Court Affirms Death Benefits Award Under State’s “Found Dead” Presumption
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