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 TreatmentA Pennsylvania appellate court reversed a decision of a state workers’ compensation judge, affirmed by the state’s Board, that had denied workers’ compensation benefits to a janitor who sustained injuries...
PA Court Says Janitor’s Fall Near Entrance of Building is Compensable PA Court Says Janitor’s Fall Near Entrance of Building is CompensableIn an Illinois personal injury action filed by a temporary worker who had been assigned by a temporary staffing agency to a packaging company, both the “loaning” employer and the...
Illinois Court Stresses that Both Loaning and Borrowing Employers are Immune From Tort Liability Illinois Court Stresses that Both Loaning and Borrowing Employers are Immune From Tort LiabilityA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that disallowed the claim of an employee who sought workers’ compensation benefits approximately one month after...
NY Worker’s Claim Denied Where He Died Before Record Could be Established NY Worker’s Claim Denied Where He Died Before Record Could be EstablishedA New York appellate court held that substantial evidence supported a decision by the state’s Workers’ Compensation Board disqualifying a workers’ compensation claimant from further benefits, based upon his misrepresentation...
“Roll the Video”: Surveillance Footage Supports NY Board’s Finding That Claimant Misrepresented Material Fact “Roll the Video”: Surveillance Footage Supports NY Board’s Finding That Claimant Misrepresented Material FactThe Court of Appeals of South Carolina reversed, in part, a decision by the state’s Workers’ Compensation Appellate Panel that had found an injured roofer was an independent contractor—and not...
Self-Employed SC Roofer May Have Been Roofing Co.’s Employee Self-Employed SC Roofer May Have Been Roofing Co.’s EmployeeA Mississippi appellate court affirmed a decision by the state’s Workers’ Compensation Commission that denied—without a hearing—an injured worker’s petition to settle and close out the medical portion of his...
MS Court Affirms Denial of Quadriplegic’s Settlement Agreement MS Court Affirms Denial of Quadriplegic’s Settlement AgreementA Colorado appellate court affirmed the imposition of a $750 penalty for each of eight instances in which a hospital sent invoices to a worker who had sustained work-related injuries...
Colorado Hospital’s Action in Billing Claimant for Medical Services Warranted Penalty, But Not as a “Continuing” Offense Colorado Hospital’s Action in Billing Claimant for Medical Services Warranted Penalty, But Not as a “Continuing” OffenseIn a relatively unusual move, the Appellate Division of the Supreme Court of New York (Third Department) vacated its October 8, 2020 decision [reported at 187 A.D.3d 1297, 132 N.Y.S.3d...
NY Law Firm’s $52K Fee Request Will be Reconsidered by Board NY Law Firm’s $52K Fee Request Will be Reconsidered by BoardA New York appellate court affirmed a trial court’s order granting an employer’s motion for summary judgment in a case in which a former employee—a grave digger—contended he had sustained...
NY Grave Digger’s Intentional Distress Claim Fails NY Grave Digger’s Intentional Distress Claim FailsA New York appellate court affirmed a trial court’s decision denying that portion of an employer/third-party defendant’s motion seeking dismissal of a contractual indemnification claim filed against it by a...
NY Court Examines Applicability of Back-Dated Indemnification Agreement NY Court Examines Applicability of Back-Dated Indemnification AgreementA New York appellate court affirmed a trial court’s determination that there were issues of fact as to whether a defendant was the special employee of plaintiff’s employer so as...
NY Jury Must Consider Whether Defendant was Special Employee Entitled to Exclusive Remedy Defense NY Jury Must Consider Whether Defendant was Special Employee Entitled to Exclusive Remedy DefenseThe Supreme Court of New Jersey, examining the intersection between the state’s Worker’s Compensation Act (WCA) and its Law Against Discrimination (LAD), held that a teacher’s LAD claim alleging that...
Action Filed Under NJ’s Discrimination Law Not Barred by Exclusive Remedy Rule Action Filed Under NJ’s Discrimination Law Not Barred by Exclusive Remedy Rule
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