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 ClaimsAs I have noted many times on this blog site and elsewhere, more than 30 years ago my mentor, Dr. Arthur Larson, and I began a quirky—though humorous—New Year’s tradition....
The Top 10 Bizarre Workers’ Comp Cases for 2020 The Top 10 Bizarre Workers’ Comp Cases for 2020The 120-day period for providing notice of injury to the employer found in Section 311 of the Pennsylvania Workers’ Compensation Act [77 P.S. §631] is, as are all time frames...
Sunday Doesn’t Count for PA’s 120-day Notice to Employer Even if It’s Open for Business Sunday Doesn’t Count for PA’s 120-day Notice to Employer Even if It’s Open for BusinessThe Supreme Court of Nevada reiterated that the state’s workers’ compensation statutes clearly and unambiguously protected every person in the service of an employer, whether lawfully or unlawfully employed, including...
NV High Court Reiterates That Undocumented Workers May Recover Indemnity Benefits NV High Court Reiterates That Undocumented Workers May Recover Indemnity BenefitsSeveral weeks ago, an attorney friend called for some advice. One of his clients had asked if the client’s business might face additional liability if–once the COVID-19 vaccines are generally...
Opinion Mondays: Do Employers Face Additional Liability for COVID-19 Vaccination Side Effects? Opinion Mondays: Do Employers Face Additional Liability for COVID-19 Vaccination Side Effects?Evidence that a highly trained firearms instructor failed to observe known safety rules, resulting in the fatal shooting of a co-employee in a training exercise, while tragic, was not enough...
Deceased Employee’s Heirs May Not Maintain Tort Action Against Mississippi Employer Following Training Exercise Shooting Deceased Employee’s Heirs May Not Maintain Tort Action Against Mississippi Employer Following Training Exercise ShootingIowa 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 Exclusivity
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