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 ClaimsThe Court of Appeals of South Carolina affirmed a decision by the Appellate Panel of the state’s Workers’ Compensation Commission that awarded death benefits to the children of a motel...
Fatal Shooting of SC Motel Worker Found Compensable Under “Bunkhouse Rule” Fatal Shooting of SC Motel Worker Found Compensable Under “Bunkhouse Rule”The Court of Appeals of New York, construing N.Y. Workers’ Comp. Law § 15(4)(d), which generally limits recovery by a claimant’s estate to an amount not exceeding reasonable funeral expenses...
NY High Court Says Claimant’s Estate Due Only Portion of Posthumous SLU Award NY High Court Says Claimant’s Estate Due Only Portion of Posthumous SLU AwardA Virginia pharmacy is a “health care provider” that must file its claims within the one-year period prescribed in Va. Code Ann. § 65.2-605.1(F), held the Court of Appeals of...
Virginia Pharmacy is “Health Care Provider” for Purposes of Statute of Limitations Virginia Pharmacy is “Health Care Provider” for Purposes of Statute of LimitationsLamenting that under the plain wording of Ky. Rev. Stat. § 342.165(1), a temporary staffing company can only be liable for the special 30 percent enhancement of workers’ compensation benefits...
Safety Violation Cannot Be Imputed to Kentucky Temporary Staffing Company Safety Violation Cannot Be Imputed to Kentucky Temporary Staffing CompanyBankruptcy Court Nixes WI Claimant’s Effort to Avoid Paying Med Providers Where a Wisconsin worker settled a contested workers’ compensation claim with his employer and its insurer by means of...
Opinion Mondays: Settlements in Contested Cases Can be Fraught With Equitable Challenges Opinion Mondays: Settlements in Contested Cases Can be Fraught With Equitable ChallengesBRB Says Required Use of “Most Recent Version of Guides is Not Unconstitutional Delegation of Legislative Power In a decision that may have slipped beneath the radar of insurers, administrators,...
Opinion Mondays: As to AMA Guides, is There an Alternative to Protz? Opinion Mondays: As to AMA Guides, is There an Alternative to Protz?An Ohio appellate court affirmed a trial court’s decision granting an employer summary judgment in a retaliatory discharge action filed against it by an employee who was terminated soon after...
Ohio Employee’s Termination Linked to Safety Violation, Not His Comp Claim Ohio Employee’s Termination Linked to Safety Violation, Not His Comp ClaimA Florida appellate court affirmed a finding by a state Judge of Compensation Claims that a subcontractor’s workers’ compensation policy had been cancelled prior to a work-related injury suffered by...
FL Insurer’s Cancellation Effective in Spite of Issuance of Certificate of Insurance FL Insurer’s Cancellation Effective in Spite of Issuance of Certificate of InsuranceStressing that under N.Y. Workers’ Comp. Law § 18, an injured employee is required to give written notice of any work-related injury to his or her employer within 30 days,...
Comp Worker’s Claim Fails Due to Untimely Report of Injury to NY Employer Comp Worker’s Claim Fails Due to Untimely Report of Injury to NY EmployerA Nebraska appellate court held that a self-employed person engaged in his own self-employed business, and who elected not to bring himself within the state’s Workers’ Compensation Act, was not...
Self-Employed Nebraska Subcontractor Not Aided by Statutory Employer Protections Self-Employed Nebraska Subcontractor Not Aided by Statutory Employer ProtectionsAn Alabama appellate court reversed a final judgment entered by a state trial court that awarded an employee, in pertinent part, a scheduled permanent partial disability for a 59 percent...
Complex Regional Pain Syndrome Supports Alabama Employee’s Claim for Unscheduled Benefits Complex Regional Pain Syndrome Supports Alabama Employee’s Claim for Unscheduled BenefitsNegligent post-injury conduct, such as exceeding the lifting restrictions placed on an injured employee’s activity cannot, in and of itself, constitute an independent intervening cause that would relieve the original...
Original TN Employer Liable for Medical Care in Spite of Employee’s Violation of Lifting Limits Original TN Employer Liable for Medical Care in Spite of Employee’s Violation of Lifting Limits
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