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 ClaimsAn Illinois appellate court affirmed the denial of workers’ compensation benefits to a university employee who sustained injuries when she tripped and fell as she stepped over a chain barrier...
Illinois Court Tacitly Says No Recovery Since Injury Was Claimant’s Fault Illinois Court Tacitly Says No Recovery Since Injury Was Claimant’s FaultIn a memorandum opinion, the Supreme Court of Appeals of West Virginia affirmed a decision by the state’s Workers’ Compensation Office of Judges, which had been affirmed by the Board...
West Virginia High Court Says Unexplained Fall is Compensable West Virginia High Court Says Unexplained Fall is CompensableIn a case that has yo-yo’d between a federal district court (W.D. Tenn.) and the Sixth Circuit Court of Appeals, the latter affirmed, in relevant part, a decision by the...
Sixth Circuit Affirms $50K Punitive Damages Award for TN Employer’s Retaliation Against Undocumented Worker Sixth Circuit Affirms $50K Punitive Damages Award for TN Employer’s Retaliation Against Undocumented WorkerIn an unusual, “upside-down” case, in which the parents of a deceased employee argued that their son’s death was not compensable, because it was caused, in part they claimed, by...
In Missouri “Upside-Down” Case, Parents Fail to Prove Son’s Death was Caused by Obesity In Missouri “Upside-Down” Case, Parents Fail to Prove Son’s Death was Caused by ObesityNotwithstanding the doctrine of stare decisis, in this case a clear holding by the North Carolina Supreme Court that a person living in cohabitation with another, to whom he or...
Girlfriend’s Dependency Claim Filed in Face of NC Supreme Court Decision Does Not Warrant Sanctions Girlfriend’s Dependency Claim Filed in Face of NC Supreme Court Decision Does Not Warrant SanctionsAffirming a decision by an Iowa district court that found, under the circumstances of the case, that the employee had provided the employer with sufficient notice of injury pursuant to...
Iowa Court Says “Near Miss” Report Can Serve as Notice of Injury to Employer Iowa Court Says “Near Miss” Report Can Serve as Notice of Injury to EmployerObserving that in New York, the issue of voluntary retirement and/or withdrawal from the labor market were factual issues to be determined by the Board, and that the Board had...
NY Worker’s Failure to Stay in Touch With Employer Results in Finding that Worker Withdrew From Labor Market NY Worker’s Failure to Stay in Touch With Employer Results in Finding that Worker Withdrew From Labor MarketA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found a claimant had not violated N.Y. Workers’ Comp. Law § 114-a, where various potential...
Job Application Inconsistencies Excused by NY Claimant’s Lack of Computer Skills Job Application Inconsistencies Excused by NY Claimant’s Lack of Computer SkillsA deeply divided Supreme Court of Colorado (three justices dissenting), reversing in relevant part a decision of a split division of the Court of Appeals, held that a settlement between...
Colorado Comp Carrier’s Settlement With Third-Party Defendant Partially Undermines Employee’s Tort Claim Colorado Comp Carrier’s Settlement With Third-Party Defendant Partially Undermines Employee’s Tort ClaimYesterday, the Supreme Court of New Jersey, in Hager v. M&K Construction, 2021 N.J. LEXIS 332 (April 13, 2021), affirmed a decision of the state’s Appellate Division that earlier had...
NJ Supreme Court Agrees Employer May Be Required to Reimburse for Medical Marijuana NJ Supreme Court Agrees Employer May Be Required to Reimburse for Medical MarijuanaFor some time now, in many states, when a worker has sustained a work-related injury requiring treatment at an emergency department or hospital, he or she typically has had two...
Opinion Mondays: NY Recreational Marijuana Law Could End Most Post-Injury Cannabis Testing Opinion Mondays: NY Recreational Marijuana Law Could End Most Post-Injury Cannabis TestingIn an unpublished decision, the Special Workers’ Compensation Appeals Panel of the Supreme Court of Tennessee affirmed a decision of a state trial court that found an employee’s workers’ compensation...
Attorney’s Knowledge of Work-Relatedness Imputed to TN Claimant, Barring Claim as Untimely Filed Attorney’s Knowledge of Work-Relatedness Imputed to TN Claimant, Barring Claim as Untimely Filed
New Comments