In a decision that reinforces the potential consequences of misrepresenting one’s physical condition, a New York appellate court has upheld the permanent disqualification from wage replacement benefits of a workers’...
NY Court Upholds Permanent Benefits Ban Based on Surveillance Evidence NY Court Upholds Permanent Benefits Ban Based on Surveillance EvidenceIn an unpublished decision, a Kansas appellate court has struck down an employer’s attempt to deny workers’ compensation benefits to an employee who refused a drug test 18 days after...
Drug Test Delay Dooms Kansas Employer’s Attempt to Deny Benefits Drug Test Delay Dooms Kansas Employer’s Attempt to Deny BenefitsIn Matter of Tudor v. Whitehall Cent. Sch. Dist., 2025 N.Y. App. Div. LEXIS 827 (3d Dept., Feb. 13, 2025), the New York Appellate Division, Third Department, affirmed the state...
Cautious Medical Testimony Dooms NY Teacher’s Stroke Claim Cautious Medical Testimony Dooms NY Teacher’s Stroke ClaimBackground On May 21, 1946, Kelly fell and injured his left knee in an accident which arose out of and in the course of his employment with the employer. He...
Throwback Thursday: Kelly v. Federal Shipbuilding & Dry Dock Co. (1949) Throwback Thursday: Kelly v. Federal Shipbuilding & Dry Dock Co. (1949)Last Thursday, the Commonwealth Court affirmed a Workers’ Compensation Appeal Board’s ruling that rejected a physician's impairment rating evaluation (IRE) because the physician had failed to consider conditions beyond the...
PA Court Says IRE Physicians Should Consider Conditions Beyond Accepted Injury Description PA Court Says IRE Physicians Should Consider Conditions Beyond Accepted Injury DescriptionIn a recent decision that closely mirrors an earlier case, the Ohio Court of Appeals (Tenth Appellate District) has further solidified the strength of statutory presumptions favoring firefighters in cancer-related...
Ohio’s Firefighter Cancer Presumption is Difficult to Rebut Ohio’s Firefighter Cancer Presumption is Difficult to RebutIn a decision that emphasizes the high bar for denying workers’ compensation claims in New York based on employee intoxication, a state appellate court recently affirmed a ruling by the...
NY Worker’s Claim Found Compensable Despite Severe Intoxication NY Worker’s Claim Found Compensable Despite Severe IntoxicationNew York’s De Facto “Prevalence” Approach In a decision that further clarifies New York’s approach to COVID-19 workers’ compensation claims, the Appellate Division, Third Department, has affirmed an award of...
NY Court Affirms COVID-19 Death Benefits for Paratransit Operator NY Court Affirms COVID-19 Death Benefits for Paratransit OperatorYesterday, in Skala v. Comfort Sys. USA, Inc. Comfort Sys. USA Ark., Inc., 2024 Ark. App. LEXIS 522 (Oct. 9, 2024), the Arkansas Court of Appeals reversed a circuit court’s...
Arkansas Court Rejects Use of “Going and Coming” Rule in Tort Case Arkansas Court Rejects Use of “Going and Coming” Rule in Tort CaseWrongful Death Action Against Employer May Proceed In a case with a rather bizarre fact pattern involving an all-too-common workplace tragedy—a fatal shooting—the Georgia Court of Appeals has reversed a...
Georgia: Workplace Shooting Did not Arise Out of Employment Georgia: Workplace Shooting Did not Arise Out of EmploymentA New York appellate court recently rejected a claimant’s attempt to establish himself as a medical expert based on his personal experience with multiple medical procedures and online research [DiPippo...
NY Claimant’s “Personal Experience” Doesn’t Make Him a Medical Expert NY Claimant’s “Personal Experience” Doesn’t Make Him a Medical ExpertAnswering a question certified to it by the U.S. District Court for the District of Colorado, the Supreme Court of Colorado held that an employee who receives workers’ compensation benefits...
Colorado: Injured Employee May Proceed Against Employer’s UM/UIM Carrier Colorado: Injured Employee May Proceed Against Employer’s UM/UIM CarrierIn a well-reasoned decision that illustrates the difficulties courts sometime face in balancing competing interests within a workers’ compensation dispute, the Supreme Judicial Court of Maine recently held that when...
Maine High Court Clarifies When Interest on Specific-Loss Benefits Begins to Accrue for Specific Eye Injuries Maine High Court Clarifies When Interest on Specific-Loss Benefits Begins to Accrue for Specific Eye InjuriesThe Supreme Court of Nebraska recently affirmed an award of benefits to a claimant who alleged respiratory injuries from wearing a UV-sterilized N95 mask at work [Prinz v. Omaha Operations...
Nebraska High Court: Expert’s Use of “Associated” Was Sufficient to Establish Causation Nebraska High Court: Expert’s Use of “Associated” Was Sufficient to Establish CausationThe Appellate Division of the New York Supreme Court, Third Department, recently affirmed a state Workers’ Compensation Board decision finding that a Google account executive’s injuries sustained after leaving a...
NY: Google Employee’s Post-Happy Hour Accident Arose From Employment NY: Google Employee’s Post-Happy Hour Accident Arose From EmploymentIn a decision examining the tricky balance that must be maintained when in unexplained fall claims, the Court of Appeals of Ohio, Ninth Appellate District, reversed a lower court’s ruling...
Ohio Court Reiterates Unexplained Fall Doctrine Ohio Court Reiterates Unexplained Fall Doctrine
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