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 mandate provided in Colo. Rev. Stat. Ann. §§ 101(3)(a)(I) and 101(3.7), that impairment ratings must be “based on” the revised third edition of AMA Guides, does not prevent a...
Third Edition of AMA Guides is “Starting Point” for Impairment Ratings in Colorado Third Edition of AMA Guides is “Starting Point” for Impairment Ratings in ColoradoIn a well-written opinion that should be earmarked by law students (and attorneys) who desire a relatively concise discussion of federal preemption law, the Supreme Court of New Hampshire has,...
NH High Court Sends Medical Marijuana Case Back to Board for Second Time NH High Court Sends Medical Marijuana Case Back to Board for Second TimeA Mississippi appellate court affirmed an ALJ’s decision, affirmed by the state’s Workers’ Compensation Commission, that an employee’s stress fracture in her right foot was work-related, entitling the employee to...
MS Claimant Establishes Claim in Spite of Cautious Medical Testimony MS Claimant Establishes Claim in Spite of Cautious Medical TestimonyA New York appellate court has affirmed a decision by the state’s Workers’ Compensation Board that allowed a variance to the state treatment guidelines for workers’ compensation claims and which...
NY Court Says “Yes” to Medical Marijuana NY Court Says “Yes” to Medical MarijuanaIn a deeply divided (3-2) memorandum decision, the Supreme Court of Appeals of West Virginia affirmed a decision rejecting the claim of a cashier at a gaming parlor who contended...
W. Va Claimant’s PTSD Claim Fails in Spite of Her Use of Earlier Case as a “Template” W. Va Claimant’s PTSD Claim Fails in Spite of Her Use of Earlier Case as a “Template”Construing Ark. Code Ann. § 11-9-102(4)(D) (Supp. 2019), which indicates that a compensable injury must be established by medical evidence supported by objective findings [emphasis mine], an Arkansas appellate court...
Arkansas Muscle Strain Claim May Be Compensable Where Physician Did Not Observe Spasms Arkansas Muscle Strain Claim May Be Compensable Where Physician Did Not Observe SpasmsAn injured employee is barred by operation of Colorado’s Workers’ Compensation Act’s exclusivity and co-employee immunity principles from bringing a UM/UIM benefits action against a co-employee vehicle owner’s insurer for...
Colorado High Court Says Injured Employee May Not Recover Via Co-Employee’s UM/UIM Policy Colorado High Court Says Injured Employee May Not Recover Via Co-Employee’s UM/UIM PolicyAn Arkansas appellate court affirmed the denial of workers’ compensation benefits to an employee who suffered mysterious GI bleeding while completing workers’ compensation claims forms at his employer’s facility, and...
Arkansas Court Stresses Difference Between “Idiopathic” and “Unexplained” Arkansas Court Stresses Difference Between “Idiopathic” and “Unexplained”Where an Alabama resident sustained injuries in a work-related vehicular accident in Alabama, she could seek workers’ compensation benefits before an Alabama court in spite of a broad provision in...
Alabama Trucker Not Bound by Jurisdictional Limitation in Her Employment Agreement Alabama Trucker Not Bound by Jurisdictional Limitation in Her Employment AgreementWhere an employee retired in 2014, and was determined to be disabled by an occupational disease in 2016, at which time his employer had no workers’ compensation policy in effect–and...
NY Court Remands Case Where Occupational Disease Disablement Date Was Close to Date Policy Lapsed NY Court Remands Case Where Occupational Disease Disablement Date Was Close to Date Policy LapsedA New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that found an injured employee had misrepresented his physical condition to his treating physicians–videotape surveillance showed...
Surveillance Video Leads to NY Board’s Finding of Disqualification under § 114-a Surveillance Video Leads to NY Board’s Finding of Disqualification under § 114-aWhere a chef/cook, employed by a non-profit organization, sustained injuries at her employer’s “Family Fun Day”, an event that included recreational activities, games and music, held on a Saturday for...
NJ High Court Allows Claim for Injury Sustained During Charity’s “Fun Day” NJ High Court Allows Claim for Injury Sustained During Charity’s “Fun Day”
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