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 is turning heads in the Keystone State, the Supreme Court of Pennsylvania, stressing the importance differences between two words—“shall” and “may”—reversed a decision by the state’s...
PA Supreme Court “Corrects” Long-Standing Rule Regarding Award of Attorney’s Fees Against Employer Who Reasonably Contests Issues PA Supreme Court “Corrects” Long-Standing Rule Regarding Award of Attorney’s Fees Against Employer Who Reasonably Contests IssuesIn an important decision that is certain to garner attention well beyond California’s borders, a California appellate court denied a petition for writ of mandate filed by an employer who...
California Comp Act Does Not Bar COVID-19 Wrongful Death Claim California Comp Act Does Not Bar COVID-19 Wrongful Death ClaimDodging an issue that had spawned multiple amicus curiae briefs regarding an interesting (and important) question—whether an employee’s representation in a workers’ compensation settlement agreement that he had only suffered...
IL Supreme Court Sidesteps Important Issue on Technical Grounds IL Supreme Court Sidesteps Important Issue on Technical GroundsAn Iowa appellate court affirmed a district court’s decision affirming the denial of death benefits to a widow whose husband committed suicide mere hours after he had been terminated from...
Iowa Court Affirms Denial of Death Benefits in Suicide Case Iowa Court Affirms Denial of Death Benefits in Suicide CaseA federal district court, construing Missouri law, dismissed a civil action filed by one employee against another alleging negligent infliction of emotional distress (“NIED”) and intentional infliction of emotional distress...
Federal Court Dismisses Racially-Based IIED Suit Filed Against Co-Employee Federal Court Dismisses Racially-Based IIED Suit Filed Against Co-EmployeeA divided division of the Arkansas Court of Appeals has affirmed a decision by the state’s Board of Pharmacy that revoked the permit and license of a pharmacy and an...
Arkansas Court Affirms Revocation of Pharmacy License in Pain Cream Cases Arkansas Court Affirms Revocation of Pharmacy License in Pain Cream CasesIn a stinging decision, the Court of Appeals of South Carolina ruled that the state’s Workers’ Compensation Commission had abused its discretion in summarily dismissing the appeal by an insurance...
SC Appellate Court Chides Commission for Summarily Dismissing Appeal SC Appellate Court Chides Commission for Summarily Dismissing AppealA divided panel of the North Carolina Court of Appeals recently affirmed a decision by the state’s Industrial Commission that had found it lacked jurisdiction to hear a widow’s death...
For Limitations Purposes, a NC Death Claim Cannot Piggy-Back Onto Deceased Employee’s Original Filing For Limitations Purposes, a NC Death Claim Cannot Piggy-Back Onto Deceased Employee’s Original FilingIn an unreported opinion, the Commonwealth Court of Pennsylvania affirmed an award of total disability benefits to former police officer for a psychological injury in the form of PTDS, depression,...
PA Police Officer Awarded Benefits for PTSD After “No-Holds-Barred” Meeting PA Police Officer Awarded Benefits for PTSD After “No-Holds-Barred” MeetingIllustrating the substantial barrier that many Oregon claimants contend has been erected via the combination of the state’s “clear and convincing evidence” standard and its “major contributing cause” requirement [see...
Oregon Software Worker Fails to Establish Mental Disorder Claim Oregon Software Worker Fails to Establish Mental Disorder ClaimLaunch the balloons! Break out the kazoos! Almost exactly ten years ago—on December 14, 2011—I posted my first offering on this website (to see it, click here). It discussed a...
Slowly Plods the Tortoise: Workcompwriter Celebrates 1,000 Posts Slowly Plods the Tortoise: Workcompwriter Celebrates 1,000 PostsWhere a Missouri employee was able to work on a full-time, seasonable basis following a second work-related injury, the Missouri Commission did not err in finding that the employee had...
Full-Time, Seasonal Work Sinks Missouri Worker’s Second Injury Fund Claim Full-Time, Seasonal Work Sinks Missouri Worker’s Second Injury Fund Claim
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