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 DecisionsA New York appellate court held the state's Workers' Compensation Board did not abuse its discretion in awarding counsel fees of $1,000 to the law firm representing an injured worker...
NY Law Firm Requests $52K in Fees, Gets $1K For Failure to Submit Proper Form NY Law Firm Requests $52K in Fees, Gets $1K For Failure to Submit Proper FormWhere a claimant had applied for a position with the purported employer, had been advised by that employer to attend an unpaid “orientation” and a paid training day, had arrived...
Oregon Claimant’s Injury During Unpaid Orientation Session is Compensable Oregon Claimant’s Injury During Unpaid Orientation Session is CompensableA New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that held a claimant was entitled to a 7.5 percent schedule loss of use (“SLU”) of...
NY Employer Allowed 10 Percent Credit for Claimant's Prior SLU Injury to Same Leg NY Employer Allowed 10 Percent Credit for Claimant's Prior SLU Injury to Same LegReiterating New York’s adherence to an objective, rather than a subjective standard with regard to stress-related claims, a state appellate court affirmed a determination by the state’s Workers’ Compensation Board...
Correctional Officer's PTSD Claim Fails under NY's Objective Standard of Stress Correctional Officer's PTSD Claim Fails under NY's Objective Standard of StressThe Supreme Court of Illinois reversed a decision of the Appellate Court, Workers’ Compensation Division, that in turn had affirmed a denial of benefits to a restaurant sous-chef who sustained...
Illinois Supreme Court Clarifies Rule Regarding Injuries Stemming From Common Bodily Movements Illinois Supreme Court Clarifies Rule Regarding Injuries Stemming From Common Bodily MovementsThe Supreme Court of Wyoming held a state district court did not err when it rejected a determination by Office of Administrative Hearings that a worker’s claim for a work-related...
Wyoming Claim Involving Flesh-Eating Bacteria Not Barred by "Communicable Disease Exclusion" Wyoming Claim Involving Flesh-Eating Bacteria Not Barred by "Communicable Disease Exclusion"The Supreme Court of Kentucky, affirming an earlier decision by the state's Court of Appeals, held a widow was entitled to statutory income benefits under KRS 342.750(1)(a), in spite of...
KY Widow Awarded Benefits For Husband's Death More than 10 Years After Injury KY Widow Awarded Benefits For Husband's Death More than 10 Years After InjuryThe Supreme Court of Oklahoma, reversing a trial court's decision that had, pursuant to 12 O.S. 2011 §§1053A, granted summary judgment, in relevant part, to an employer sued in a...
Oklahoma High Court Strikes Down Exclusive Remedy Rule for Non-Dependent Parents Oklahoma High Court Strikes Down Exclusive Remedy Rule for Non-Dependent ParentsFalling in line with several federal decisions that had earlier ruled on the issue, an Illinois appellate court held the exclusive remedy provisions of the state’s Workers’ Compensation Act do...
Illinois Court Says Action for Statutory Damages Under Biometric Act Not Barred by Exclusivity Illinois Court Says Action for Statutory Damages Under Biometric Act Not Barred by ExclusivityThe District of Columbia Court of Appeals held that a public-sector employee may not recover schedule benefits for PTSD pursuant to D.C. Code § 1-623.07 (2016 Repl.) since that statute...
District of Columbia's Public Sector Comp Act Does Not Provide Schedule Benefits for PTSD District of Columbia's Public Sector Comp Act Does Not Provide Schedule Benefits for PTSDA Michigan appellate court vacated a ruling by the Michigan Compensation Appellate Commission (MCAC) requiring an employer to reimburse an injured employee for massage therapy services where the services were...
Michigan Employee's Massage Therapy Was Not Compensable Michigan Employee's Massage Therapy Was Not CompensableAcknowledging that medical opinion evidence need not be expressed with absolute or reasonable medical certainty, but stressing that it nevertheless needed to be based on more than a mere possibility,...
Cautious Medical Opinion Sinks NY Worker's Knee Injury Claim Cautious Medical Opinion Sinks NY Worker's Knee Injury Claim
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