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, TooThe Supreme Court of Idaho, construing Idaho Code § 72-438(14)(b), which generally provides firefighters with a rebuttable presumption that certain listed cancers have a causal connection with the employment, held...
To Rebut Idaho’s Cancer Presumption Favoring Firefighters, Employer Must Offer Evidence that Cancer was Not Caused by Employment To Rebut Idaho’s Cancer Presumption Favoring Firefighters, Employer Must Offer Evidence that Cancer was Not Caused by EmploymentWhere a police officer had sustained three prior work-related injuries and sought to receive compensation for an alleged injury to his neck, the burden was on the employee to show...
Lay Testimony Insufficient to Establish Causation for MS Claimant Lay Testimony Insufficient to Establish Causation for MS ClaimantA Florida appellate court held that a judge of compensation claims committed error when he determined that a construction worker who sustained severe injuries in a vehicular accident as he...
Florida Court Stresses There is No “Field Employee” Exception to Statutory Going and Coming Rule Florida Court Stresses There is No “Field Employee” Exception to Statutory Going and Coming RuleA New York appellate court affirmed the state Board’s rescission of a WCLJ’s reduced earnings award where it found that while the workers’ compensation claimant did have medical restrictions following...
NY Court Says Existence of Medical Restrictions Are Alone Insufficient to Establish Reduced Earnings Claim NY Court Says Existence of Medical Restrictions Are Alone Insufficient to Establish Reduced Earnings ClaimIn an important case that may define—at least in California—an employer’s responsibility for injuries sustained when an employee’s family member contracts COVID-19 as a result of an infection that is...
California High Court May Take Another Look at Employer’s Liability for COVID-19 Contracted by Employee’s Family Member California High Court May Take Another Look at Employer’s Liability for COVID-19 Contracted by Employee’s Family MemberA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that apportioned liability for the benefits due under an injured employee’s workers’ compensation claim between the...
NY Court Affirms Apportionment of Liability Between Special and General Employers NY Court Affirms Apportionment of Liability Between Special and General EmployersReversing a portion of a decision by the New York Workers’ Compensation Board, a state appellate court stressed that the appropriate date of a finding of no labor market attachment...
NY Court Disapproves of Board’s Retroactive Disqualification for Lack of Labor Market Attachment NY Court Disapproves of Board’s Retroactive Disqualification for Lack of Labor Market AttachmentThe Supreme Court of Rhode Island, with two justices dissenting, reversed a decision of a county Superior Court judge that had granted summary judgment to a former employee who contended...
Divided R.I. High Court Says Workers’ Comp Release Was Sufficiently Broad to Bar Discrimination Claim Against Employer Divided R.I. High Court Says Workers’ Comp Release Was Sufficiently Broad to Bar Discrimination Claim Against EmployerA California appellate court recently affirmed a state trial court’s decision granting summary judgment in favor of a security guard services company that had been sued following a motor vehicle...
Going and Coming Rule Bars Tort Action Filed Against CA Employer Going and Coming Rule Bars Tort Action Filed Against CA EmployerThe Supreme Court of Louisiana affirmed a trial court’s decision to the extent that it ruled it had jurisdiction to hear an employer’s claim for damages and penalties against its...
Louisiana Trial Court Errs in Awarding Attorney’s Fees Exceeding $2,000 Per Hour Louisiana Trial Court Errs in Awarding Attorney’s Fees Exceeding $2,000 Per HourIn 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 Worker
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