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, TooApplying the personal comfort doctrine [see Larson’s Workers’ Compensation Law, § 21.01, et seq.], pursuant to which small, temporary departures from work to administer to personal comforts or convenience are...
PA Court Agrees Injuries Were Compensable under Personal Comfort Doctrine PA Court Agrees Injuries Were Compensable under Personal Comfort DoctrineIn early January, one can reliably count on at least two things: first, that we’ll be bombarded by television commercials hawking diet aids, and second, that someone in the New...
The Case of the Missing Case The Case of the Missing CaseThe Supreme Court of Delaware affirmed the denial of workers’ compensation benefits to a courthouse employee who sustained injuries in a sinkhole accident near—but not on the courthouse property [Browning...
Delaware High Court Says Sinkhole Injuries Were Not Compensable Delaware High Court Says Sinkhole Injuries Were Not CompensableIn a case involving an utterly bizarre fact pattern, as well as a legal battle stretching out over the bulk of a decade, the Supreme Court of California, in a 5-2 decision, held that a civil action for negligence and misrepresentation filed by two private citizens against...
Opinion Mondays: Is California’s “Posse Law” Passe? Opinion Mondays: Is California’s “Posse Law” Passe?A Pennsylvania WCJ need not consider non-work-related injury limitations that were the result of actions that occurred after the work-related injury as part of a Pennsylvania injured employee’s “residual productive...
Post-Injury Felony Conviction Not a Factor in Determining PA Employee’s Earning Power Post-Injury Felony Conviction Not a Factor in Determining PA Employee’s Earning PowerConstruing N.C. Gen. Stat. § 97-2(6), which defines “injury” to mean “only injury by accident arising out of and in the course of the employment” [emphasis added], the Court of...
NC Court Construes State’s “Injury by Accident” Requirement NC Court Construes State’s “Injury by Accident” RequirementCopyright 2022. Thomas A. Robinson. All rights reserved. This post may not be reproduced, in whole or in part, in any form or format, without the express written consent of...
The Top 10 Bizarre Workers’ Comp Cases for 2021 The Top 10 Bizarre Workers’ Comp Cases for 2021A Florida appellate court has affirmed a decision of a Judge of Compensation Claims (JCC) holding that an injured firefighter was not entitled to reimbursement for additional surgical expenses related...
Florida Court Agrees Firefighter Not Entitled to Reimbursement for Back Surgery Florida Court Agrees Firefighter Not Entitled to Reimbursement for Back SurgeryIn a claim tangental to a highly-publicized 2019 indictment for alleged workers’ compensation fraud, a New York appellate court held that the state’s Workers’ Compensation Board abused its discretion when...
NY Board Abused Discretion in Failing to Allow Carrier’s Review Application NY Board Abused Discretion in Failing to Allow Carrier’s Review ApplicationNoting that a medical opinion need not be expressed with absolute medical certainty as long as it signified a probability of the underlying cause that was supported by a rational...
NY Firefighter Successfully Proved PTSD Claim Based Upon Multiple Gruesome Incidents NY Firefighter Successfully Proved PTSD Claim Based Upon Multiple Gruesome IncidentsIn 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 Claim
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