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, TooShowing just how serious New York courts take the issue of ex parte communications between counsel and medical experts, a New York appellate court recently affirmed an order by the...
Ex Parte Communications Sink NY Death Benefits Claim Ex Parte Communications Sink NY Death Benefits ClaimA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that not only imposed the mandatory penalty rescinding the claimant’s award of workers’ compensation benefits, but...
NY Claimant’s Failure to Disclose Gambling Activities Constitutes § 114-a Violation NY Claimant’s Failure to Disclose Gambling Activities Constitutes § 114-a ViolationIn an appeal and cross-appeal from an order granting sanctions against an insurer for failure to provide orthopedic treatment to an injured worker, a Florida appellate court held that a...
$15K “Fine” Against Florida Comp Insurer Not Supported by Evidence $15K “Fine” Against Florida Comp Insurer Not Supported by EvidenceDecision is Consistent with Majority Rule In a holding that is consistent with the dominant rule among American jurisdictions, a Pennsylvania appellate court recently affirmed a Board decision that awarded...
PA Court: Carefully Planned Suicide Still Compensable PA Court: Carefully Planned Suicide Still CompensableApplying Arkansas’ relatively narrow employment-related rule, which excludes compensation for an injury which was inflicted upon the employee at a time when employment services were not being performed [see Ark....
Arkansas Horse-Racing Employee’s Leap From Burning Stable Was Not Compensable Arkansas Horse-Racing Employee’s Leap From Burning Stable Was Not CompensableObserving that in determining a claimant’s loss of wage-earning capacity, the New York Workers’ Compensation Board may consider claimant’s functional capabilities, as well as vocational issues (claimant’s age, education, training,...
“Odd-Lot”-Like Theory Works in Reverse to Limit Wage Loss Award for NY Claimant “Odd-Lot”-Like Theory Works in Reverse to Limit Wage Loss Award for NY ClaimantIn a decision that illustrates the tremendous breadth of discretion allowed to the New York Workers’ Compensation Board, a state appellate court affirmed a Board decision—in spite of findings by...
NY Board Has Broad Discretion in Reviewing § 114-a Issues NY Board Has Broad Discretion in Reviewing § 114-a IssuesIn a divided decision, the Supreme Court of Wisconsin affirmed a finding by the state’s Court of Appeals that the exclusive remedy provisions of the Wisconsin Workers’ Compensation Act barred...
Employee’s Action Against Employer’s Comp Insurer For Self-Inflicted Gunshot Wound Barred by Exclusivity Employee’s Action Against Employer’s Comp Insurer For Self-Inflicted Gunshot Wound Barred by ExclusivityEmployment Contract Formed In Illinois In Spite of Contingencies Required for First Assignment in Indiana In an unpublished decision, an Illinois appellate court affirmed a decision by the state’s Workers’...
Staffing Company’s Should Not Conflate Employment Contract and Specific Assignment Staffing Company’s Should Not Conflate Employment Contract and Specific AssignmentIllustrating the important point that a hearing officer or judge must stick to those matters that are specifically at issue, and not wander off to determine other questions that might...
NY Court Says Law Judge Must Limit Decision to Actual Issue at Hand NY Court Says Law Judge Must Limit Decision to Actual Issue at HandIn Berkebile Towing & Recovery v. Workers’ Comp. Appeal Bd. (Harr), 2021 Pa. Commw. LEXIS 427 (May 10, 2021), the Commonwealth Court of Pennsylvania affirmed a decision by the state’s...
PA Tow Truck Operator Was Employee, Not an Independent Contractor PA Tow Truck Operator Was Employee, Not an Independent ContractorIn an unpublished decision, an Arizona appellate court affirmed a determination by the state’s Industrial Commission that found an employee’s workers’ compensation claim was not compensable because the employee’s injuries...
Arizona Employee’s Idiopathic Fall is Not Compensable Arizona Employee’s Idiopathic Fall is Not Compensable
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