A South Carolina employee alleged that his manager threatened him, accused him of dishonesty, called the police, suspended him, and ultimately fired him. He then sued his employer for negligent...
South Carolina’s Mental-Injury Paradox South Carolina’s Mental-Injury ParadoxMany disputes over physician choice in workers’ compensation arise when an injured worker seeks treatment from a doctor of his or her own choosing. Hayes v. Christian Retirement Homes, Inc.,...
Iowa Supreme Court: Employer Not Bound by Opinion of Its Own Treating Physician Iowa Supreme Court: Employer Not Bound by Opinion of Its Own Treating PhysicianCourt Applies Massachusetts Law to Maine Injury, Rejects Immunity Defense in Multi-State Staffing Arrangement A New Hampshire contractor that likely would have enjoyed workers’ compensation immunity under Maine law lost...
Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation Immunity Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation ImmunityNew York’s Court of Appeals recently affirmed an Appellate Division order blocking defendants in a personal injury action from using a Workers’ Compensation Board causation determination as collateral estoppel, holding...
NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp Decisions NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp DecisionsIowa Commutation Order Allows for Substantial Inheritable Estate Illustrating just how far some states have moved away from the original workers’ compensation principle that indemnity benefits are not an inheritable...
Opinion Mondays: States Shouldn’t Treat PTD Awards as Estate Planning Tools Opinion Mondays: States Shouldn’t Treat PTD Awards as Estate Planning ToolsReversing a decision by the state’s Workers’ Compensation Board, a New York appellate court held that, contrary to the Board’s interpretation, in the absence of specific instructions regarding hamstring tears...
NY Claimant Should Be Awarded Scheduled Injury to Leg for Serious Hamstring Tear NY Claimant Should Be Awarded Scheduled Injury to Leg for Serious Hamstring TearA Florida appellate court held the 52-week filing requirement found in § 112.1815(5)(d), Fla. Stat., operated as a statute of repose, and not as a statute of limitations. Under the...
Florida First Responder’s PTSD Claim is Untimely Filed Florida First Responder’s PTSD Claim is Untimely FiledIn a deeply divided (3-2) decision, a New York appellate court reversed a decision by the state's Workers' Compensation Compensation Board that had found an injured, undocumented construction worker had...
Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the System Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the SystemFinding that a NY corporation had failed to establish either that it and Plaintiff’s employer–a related entity–were part of a single integrated entity or that one of the corporations controlled...
NY Pharmacist May Proceed in Tort Against Entity Affiliated With His Employer NY Pharmacist May Proceed in Tort Against Entity Affiliated With His EmployerA Mississippi appellate court held the state’s Workers’ Compensation Commission erred when it entered an order that required an employer/carrier to pay attorney’s fees of $4,000 as a sanction for...
MS Court Reverses Commission Order Granting Sanctions Against Employer MS Court Reverses Commission Order Granting Sanctions Against EmployerA defendant/co-worker’s act of bringing her dog to the employer’s residential facility for pregnant women to serve as a comfort animal was an activity that had to do with and...
Texas Employee’s Suit Against Co-Worker for Dog Bite is Barred by Exclusivity Texas Employee’s Suit Against Co-Worker for Dog Bite is Barred by ExclusivityThe D.C. Court of Appeals reversed a decision by the District's Compensation Review Board (CRB) that had held the District of Columbia's Adjudication and Hearings Department had no statutory authority...
Opinion Mondays: DC’s Hearings Division Has New Job—Choosing a Home Remodeling Contractor Opinion Mondays: DC’s Hearings Division Has New Job—Choosing a Home Remodeling ContractorIn an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court's decision granting summary judgment in favor of two former employers who, according to...
Fifth Circuit Affirms Summary Judgment Favoring Former Employers in Toxic Chemical Case Fifth Circuit Affirms Summary Judgment Favoring Former Employers in Toxic Chemical CaseCircuit Court’s Contempt Order for Failure to Abide by Discovery Order is Erroneous An Illinois trial court committed error when it found an intervening workers’ compensation insurer in contempt for...
Intervening IL Workers’ Comp Insurer is Not a “Party” to the Underlying Tort Suit Intervening IL Workers’ Comp Insurer is Not a “Party” to the Underlying Tort SuitA New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that a former substitute teacher had withdrawn from the labor market and any loss of earnings...
NY Substitute Teacher’s Loss of Earnings Due to Personal Choice, Not Injury NY Substitute Teacher’s Loss of Earnings Due to Personal Choice, Not InjuryA Texas appellate court recently affirmed a state trial court’s decision granting summary judgment in favor of a former employer (and a companion company) who had been sued by a...
Texas Court Affirms Summary Judgment Favoring Former Employer in Toxic Tort Suit Texas Court Affirms Summary Judgment Favoring Former Employer in Toxic Tort Suit
New Comments