Statute’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 ClaimsWhere a Florida workers’ compensation claimant disagreed with the medical opinion of the employer/carrier’s authorized physician, sought a one-time change in physicians pursuant to § 440.13(2)(f), Fla. Stat., saw a...
Florida JCC Errs in Failing to Appoint EMA to Resolve Medical Dispute Florida JCC Errs in Failing to Appoint EMA to Resolve Medical DisputeA Wisconsin appellate court held that a deceased worker’s automobile insurance carrier, which had written a policy that included underinsured motorist’s (UIM) limits of $250,000, may only reduce its coverage...
Wisconsin Court Says UIM Carrier May Not Deduct Comp Benefits Subject to Subrogation Lien Wisconsin Court Says UIM Carrier May Not Deduct Comp Benefits Subject to Subrogation LienAn Ohio appellate court recently reversed a state Commission’s decision that had awarded TTD benefits to an employee who gave his employer a two-week notice that she intended to leave...
Ohio Claimant Disqualified from TTD Because She Gave Two-Week Notice Four Days Before Injury Ohio Claimant Disqualified from TTD Because She Gave Two-Week Notice Four Days Before InjuryIn an unpublished decision, an Illinois appellate court reversed a decision of a county circuit court confirming an award of workers’ compensation benefits by the state’s Workers’ Compensation Commission on...
Illinois Court Nixes Jurisdiction When Injury and Employment Contract Were in Indiana Illinois Court Nixes Jurisdiction When Injury and Employment Contract Were in IndianaThe Supreme Court of South Dakota recently affirmed a trial court’s decision that granted summary judgment to a municipality and a volunteer fire department on the basis that the department’s...
South Dakota Court “Borrows” Going and Coming Rule for Negligence Action South Dakota Court “Borrows” Going and Coming Rule for Negligence ActionStressing that a claimant’s “injury” and “impairment” are not necessarily equivalents, an Iowa appellate court affirmed a determination that an injured worker was entitled to permanent partial disability benefits; he...
Iowa Court Affirms PPD Award Where Effects of Knee Injury Extended Beyond the Leg Iowa Court Affirms PPD Award Where Effects of Knee Injury Extended Beyond the LegA Florida appellate court affirmed a decision by a judge of compensation claims that found a law enforcement officer was not entitled to the special presumption of compensability related to...
Catch 22 Prevents Florida Officer From Utilizing Presumption of Compensability Catch 22 Prevents Florida Officer From Utilizing Presumption of CompensabilityWhere an injured employee sought a one-time change of physician and, within the five-day period designated in § 440.13(2)(f), Fla. Stat., was first given a referral physician and appointment options...
Florida Court Construes One-Time Change of Physician Statute Florida Court Construes One-Time Change of Physician StatuteWhile it is often said that the procedural aspects of a workers’ compensation dispute are largely informal, with the parties not always being bound to the narrowest interpretations of notice...
NY Claimant’s Service Upon Third-Party Administrator Was Not Service Upon the Carrier Itself NY Claimant’s Service Upon Third-Party Administrator Was Not Service Upon the Carrier ItselfA New York appellate court affirmed a decision by a state trial court that granted defendants summary judgment in a negligence action filed against them related to the alleged malfunction...
NY Court Says Collateral Estoppel Bars Injured Worker’s Subsequent Negligence Action Against Defendants NY Court Says Collateral Estoppel Bars Injured Worker’s Subsequent Negligence Action Against DefendantsQuoting Larson’s Workers’ Compensation Law, and stressing that the doctrine of res judicata should be applied differently in workers’ compensation cases than in the usual context of a judicial action,...
Res Judicata Does Not Bar KY Employee From Reopening Claim Res Judicata Does Not Bar KY Employee From Reopening ClaimA South Carolina appellate court affirmed a decision by a state trial court that dismissed the civil action filed against the S.C. Workers’ Compensation Commission by a law firm who...
SC Commission is Immune From Suit After Apparent Stumbling With Attorney’s Fee Lien SC Commission is Immune From Suit After Apparent Stumbling With Attorney’s Fee Lien
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