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, TooWhere an Illinois employee failed to indicate to his employer that his absence from work was due to an alleged work-related injury and he filed his workers’ compensation claim six...
Illinois Employee’s Termination Not Retaliatory Where it Occurred Six Weeks Prior to His Filing Comp Claim Illinois Employee’s Termination Not Retaliatory Where it Occurred Six Weeks Prior to His Filing Comp ClaimWhere a North Carolina truck driver was terminated from employment because the employer determined that the driver had been at fault in causing an accident that resulted in his injuries,...
NC Employer May Not Use Truck Driver’s “Misconduct” in Causing Accident as Excuse for Denying TTD Benefits NC Employer May Not Use Truck Driver’s “Misconduct” in Causing Accident as Excuse for Denying TTD BenefitsA Virginia part-time employee, who was able to work without restrictions for three months, following a work-related injury, and who then was “taken off work” by his cardiologist because of...
Virginia Worker’s Post-Injury Decision to be “Off-Work” Due to COVID-19 Sinks TTD Claim Virginia Worker’s Post-Injury Decision to be “Off-Work” Due to COVID-19 Sinks TTD ClaimIn an unusual case that turned on the “peculiar” wording of New Mexico’s statutory going and coming rule, the Court of Appeals of New Mexico affirmed a decision by a...
New Mexico Court Discusses State’s “Peculiar” Going and Coming Rule New Mexico Court Discusses State’s “Peculiar” Going and Coming RuleA Louisiana appellate court recently affirmed a determination by a WCJ that a pharmacy technician’s injuries resulting from a fall at her computer station after she had suffered a one-time...
Employee Recovers for Idiopathic Fall Under Louisiana’s Positional Risk Doctrine Employee Recovers for Idiopathic Fall Under Louisiana’s Positional Risk DoctrineIn 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 Injury
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