LA Second Circuit Affirms Forfeiture for False Answers on Pre-Hire Questionnaires About Prior Work Accidents and a Recommended Surgery Louisiana’s Second Circuit Court of Appeal has affirmed a ruling that...
Two Boxes Checked “No” Two Boxes Checked “No”LA Fourth Circuit, 3–2, Holds Dump-Truck Driver Paid 25% of Truck Earnings Was an Employee Despite 1099; Dissent Invokes Manifest-Error Review The Louisiana Court of Appeal, Fourth Circuit recently reversed...
Louisiana Court: Paid a Percentage, Still an Employee Louisiana Court: Paid a Percentage, Still an EmployeeKY Supreme Court Holds the Statutory Presumption Against Recovery for Intoxicating Substances Does Not Apply to Alcohol The Kentucky Supreme Court has affirmed benefits for a traffic flagger who was...
Alcohol Falls Outside KY’s Presumption of Causation Alcohol Falls Outside KY’s Presumption of CausationFL First DCA Holds Harlem’s Narrow “Heart Disease” Definition Does Not Bar a Firefighter’s Arrhythmia Claim Under the Heart-Lung Presumption Florida’s First District Court of Appeal has affirmed an award...
The Heart Has Wiring, Too The Heart Has Wiring, TooA 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 RuleApplying Alabama’s intentional injury exception to the exclusive remedy rule, the Supreme Court of Alabama affirmed a trial court’s decision granting two co-employee defendants summary judgment in a civil action...
Intentional Injury Action Against Co-Employees Fails Under Alabama’s Substantially Certain Rule Intentional Injury Action Against Co-Employees Fails Under Alabama’s Substantially Certain RuleConstruing the state’s special statute limiting the compensability of heart attacks, stroke, and physical injury caused by mental stimulus, a divided Supreme Court of North Dakota reversed an ALJ’s decision...
ND High Court Stresses That Heart Attacks Only Compensable When Caused by Unusual Stress ND High Court Stresses That Heart Attacks Only Compensable When Caused by Unusual Stress
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