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 ClaimsA New York appellate court affirmed a determination by the state’s Workers’ Compensation Board that the surviving spouse of a deceased worker failed to establish—by competent medical evidence—that his wife’s...
Surviving Spouse Fails to Show Causal Connection Between NY Injury and Decedent’s Subsequent Death Surviving Spouse Fails to Show Causal Connection Between NY Injury and Decedent’s Subsequent DeathThe Pennsylvania Commonwealth Court held a WCJ appropriately relied upon the medical opinion of the employer’s examining physician in which the doctor opined that the workers’ compensation claimant had made...
PA Claimant’s Benefits Terminated: 18 Months of Home Remedies Did Not Constitute Medical Treatment PA Claimant’s Benefits Terminated: 18 Months of Home Remedies Did Not Constitute Medical TreatmentA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that denied a claim for consequential Lyme disease in spite of an opinion offered by an...
NY Worker Fails to Establish Claim for Lyme Disease NY Worker Fails to Establish Claim for Lyme DiseaseAn Ohio appellate court affirmed the denial of workers’ compensation benefits to a home health care aide who sustained a T12 vertebrae compression fracture when she slipped and fell on...
Ohio Home Health Aide’s Injuries Outside Client’s Residence Not Compensable Ohio Home Health Aide’s Injuries Outside Client’s Residence Not CompensableA Virginia appellate court, yet again reiterating the state’s version of the “actual risk rule” [see Larson’s Workers’ Compensation Law, § 3.04] affirmed a decision by the state’s Workers’ Compensation...
Virginia Worker’s Fall on Workplace Steps is Not Compensable Virginia Worker’s Fall on Workplace Steps is Not CompensableIn a split decision, an Arizona appellate court affirmed a finding by the state’s Industrial Commission that a police officer failed to establish a compensable workers’ compensation claim based on...
AZ Police Officer’s PTSD Claim Fails Since Stress was not Unexpected AZ Police Officer’s PTSD Claim Fails Since Stress was not UnexpectedA 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 Agreement
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