In a ruling that reaffirms Arkansas’ strict interpretation of its “employment services” requirement, the state’s Court of Appeals recently affirmed a Workers’ Compensation Commission decision denying benefits to the family...
Arkansas Court Denies Benefits to Good Samaritan Band Director Arkansas Court Denies Benefits to Good Samaritan Band DirectorIn a decision that further defines the barriers to pursuing civil remedies in workplace injury cases within the Louisiana, a state appellant court recently affirmed summary a trial court judgment...
Louisiana Court Rejects “Borrowed Employee” Theory in Workplace Attack Louisiana Court Rejects “Borrowed Employee” Theory in Workplace AttackBackground On September 28, 1973, at approximately 2:30 a.m., James Hawk II, the president, sole stockholder, and chief operating officer of Jim Hawk Chevrolet-Buick, Inc., died when his private airplane...
Throwback Thursday: Hawk v. Jim Hawk Chevrolet-Buick, Inc., 282 N.W.2d 84 (Iowa 1979) Throwback Thursday: Hawk v. Jim Hawk Chevrolet-Buick, Inc., 282 N.W.2d 84 (Iowa 1979)In a decision that underscores the high bar for pursuing civil remedies alongside a workers’ compensation claim, the North Carolina Court of Appeals recently affirmed summary judgment against the estate...
NC Court Rejects Tort Claim for Workplace Fatality NC Court Rejects Tort Claim for Workplace FatalityThe Arkansas Court of Appeals has reversed a workers’ compensation award for permanent impairment related to atrial fibrillation that developed following a COVID-19 infection [Booneville Hum. Dev. Ctr. v. Foster,...
Arkansas Court Reverses Permanent Benefits Award for COVID-Related Heart Condition Arkansas Court Reverses Permanent Benefits Award for COVID-Related Heart ConditionA general contractor that contractually required its subcontractors to maintain workers’ compensation insurance is immune from tort liability, even when sued by a corporate officer of the subcontractor who had...
MS High Court: Contractor Immune From Tort Claim Filed By Subcontractor’s Officer Who Opted Out of Comp Coverage MS High Court: Contractor Immune From Tort Claim Filed By Subcontractor’s Officer Who Opted Out of Comp CoverageA divided Ohio Supreme Court has held that a workers’ compensation claimant who prevails at trial may file a motion for appellate attorney fees after obtaining a favorable appellate decision,...
Ohio Supreme Court: Motions for Attorney Fees May Be Filed at any Time Ohio Supreme Court: Motions for Attorney Fees May Be Filed at any TimeAdding to the growing body of COVID-19 workers’ compensation jurisprudence, in a memorandum decision, West Virginia’s Intermediate Court of Appeals has affirmed the denial of additional medical conditions allegedly stemming...
West Virginia University Employee’s Long COVID Claim Denied West Virginia University Employee’s Long COVID Claim DeniedDeceased Employee’s Estate Fails to Show Gross Negligence In Lavery v. Campbell, 2024 Iowa App. LEXIS 849 (Dec. 4, 2024), an Iowa appellate court affirmed summary judgment in favor of...
Iowa: Co-Employee Not Liable in Fatal Machine Accident Iowa: Co-Employee Not Liable in Fatal Machine AccidentIn Collins v. Wieland Copper Prods., LLC, 2024 N.C. App. LEXIS 958 (Dec. 3, 2024), the North Carolina Court of Appeals held that a 2014 settlement agreement resolving a worker’s...
NC Court: Settlement Agreement Does Not Bar Later Claim for New Injury to Same Body Part NC Court: Settlement Agreement Does Not Bar Later Claim for New Injury to Same Body PartIn a case of first impression regarding the application of Ohio R.C. 4123.56(F), the Ohio Supreme Court has reversed the Tenth District Court of Appeals’ refusal to vacate an Industrial...
Ohio Supreme Court Vacates Commission’s TTD Award re: Post-Termination Surgery Ohio Supreme Court Vacates Commission’s TTD Award re: Post-Termination SurgeryA New Jersey appellate court has affirmed a compensation judge’s determination that a public school teacher who died from COVID-19 qualified as an “essential employee” under the state’s special pandemic...
NJ Court Finds Teacher’s COVID-19 Death Compensable Under State’s “Essential Employee” Presumption NJ Court Finds Teacher’s COVID-19 Death Compensable Under State’s “Essential Employee” PresumptionThe Oregon Court of Appeals recently affirmed a Workers’ Compensation Board decision awarding benefits to an 85-year-old worker who fainted while waiting for an employer-mandated vaccination [SAIF Corp. v. Kelkay,...
Oregon Court Affirms Award Where Elderly Worker Fainted For Unknown Reason Oregon Court Affirms Award Where Elderly Worker Fainted For Unknown ReasonThe Intermediate Court of Appeals of Hawai’i recently held that while an employee’s negligent supervision claim against his employer was barred by workers’ compensation exclusivity, he should have been given...
Hawaii: Defamation Claims Against Employer Not Barred by Workers’ Compensation Exclusivity Hawaii: Defamation Claims Against Employer Not Barred by Workers’ Compensation ExclusivityIn Borough of Hollidaysburg v. Detwiler, 2024 Pa. Commw. LEXIS 243 (Nov. 19, 2024), a divided Commonwealth Court of Pennsylvania held that to enjoy the state’s presumption of compensability, volunteer...
Divided PA Court Says “Continuous Service,” Not Level of Activity, Key to Firefighter Cancer Benefits Divided PA Court Says “Continuous Service,” Not Level of Activity, Key to Firefighter Cancer BenefitsIn a decision highlighting the importance of accurate work histories in medical causation opinions, a New York appellate court has upheld the Workers’ Compensation Board’s denial of death benefits in...
NY Court Affirms Board’s Rejection of Medical Opinion Based on Flawed Work History NY Court Affirms Board’s Rejection of Medical Opinion Based on Flawed Work History
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