Subway Cleaner Who Witnessed a Platform Injury A New York appellate court recently affirmed a Workers’ Compensation Board decision disallowing a subway-station cleaner’s PTSD claim after he witnessed a woman’s...
NY PTSD Claim Fails Under Pre-Amendment Stress Standard NY PTSD Claim Fails Under Pre-Amendment Stress StandardAL Supreme Court: HR’s Role Was a Jury Question The Alabama Supreme Court, by a 5–4 vote, affirmed liability for retaliatory discharge where the evidence permitted a jury to find...
Who Made the Firing Decision? Alabama Court Upholds Retaliation Finding Who Made the Firing Decision? Alabama Court Upholds Retaliation FindingNY Bus Driver’s Crash and Arrhythmia A New York appellate court has affirmed a Workers’ Compensation Board finding that a school bus driver’s injuries and death arose out of his...
Uncertain Cardiac Sequence Does Not Defeat NY Bus Driver’s Claim Uncertain Cardiac Sequence Does Not Defeat NY Bus Driver’s ClaimIL Applies Saunders Acquiescence Exception to Footwear Rule An Illinois appellate court, in a decision not designated for full publication, has affirmed an award of benefits to an ice cream...
Safety Rule Defense Fails Where Employer Tolerated Violation Safety Rule Defense Fails Where Employer Tolerated ViolationStatute’s Specific Remedy Overrides Rule 37 Discovery Sanctions, Even After Three Failed Medical Exams The Supreme Court of Utah has held that dismissal is not an available sanction for a...
Utah High Court: Suspension, Not Dismissal, Is the Only Sanction for Obstructing an IME Utah High Court: Suspension, Not Dismissal, Is the Only Sanction for Obstructing an IMEPA 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 DeathsMS Court Rejects Time-Bar Finding in Casino Dealer’s Shoulder Injury Case The Mississippi Court of Appeals has reversed a Workers’ Compensation Commission order dismissing a casino dealer’s shoulder injury claim...
Progressive-Injury Diagnosis, Not Initial Symptoms, Starts the Limitations Clock Progressive-Injury Diagnosis, Not Initial Symptoms, Starts the Limitations ClockTexas Court Finds Repeated Warnings About Vehicle Problems Insufficient to Avoid Exclusive Remedy Bar A Texas appellate court recently affirmed summary judgment for an employer on an intentional-tort claim, holding...
The “Substantially Certain” Standard Survives Another Truck Wreck The “Substantially Certain” Standard Survives Another Truck WreckHigh Court Overrules Fifth Circuit, Rejects Retroactive Application of Section 1208 On Monday, the Louisiana Supreme Court held that an employee who commits fraud under La. R.S. 23:1208 forfeits workers’...
LA Supreme Court: Fraud Forfeiture Runs Forward From Misrepresentation, Not Back to the Accident LA Supreme Court: Fraud Forfeiture Runs Forward From Misrepresentation, Not Back to the AccidentCompany Vehicle and Overtime Work Insufficient to Establish Course and Scope The Court of Appeals of Texas, Eleventh District, affirmed summary judgment against a deceased employee’s beneficiaries, holding that an...
TX Court Rejects Death Benefits Claim Under “Coming and Going” Analysis TX Court Rejects Death Benefits Claim Under “Coming and Going” AnalysisND Supreme Court Holds Judicial Estoppel is No Bar to WSI's Subrogation Interest The Supreme Court of North Dakota has affirmed a subrogation order requiring a workers’ compensation claimant to...
North Dakota Subrogation: Having Cake and Eating it Too North Dakota Subrogation: Having Cake and Eating it TooSupreme Court Holds “Prospective Dependent” Award Forecloses Weekly-Benefit Analysis Under R.C. 4123.59(D) Yesterday, the Supreme Court of Ohio vacated a lower court’s writ of mandamus and held that once the...
Ohio’s Death Benefits Statute Limits Dependent Adult Child to $3,000 After Father’s Work-Related Killing Ohio’s Death Benefits Statute Limits Dependent Adult Child to $3,000 After Father’s Work-Related KillingCourt Reverses Where Employer’s Physician List Was Taped Inside a Locked Tool Box Lid The Court of Appeals of Georgia reversed a superior court order affirming denial of a workers’...
GA: “Prominent” Posting of MD List Requires More Than Accessibility GA: “Prominent” Posting of MD List Requires More Than Accessibility
New Comments