LA Second Circuit Affirms Forfeiture for False Answers on Pre-Hire Questionnaires About Prior Work Accidents and a Recommended Surgery Louisiana’s Second Circuit Court of Appeal has affirmed a ruling that...
Two Boxes Checked “No” Two Boxes Checked “No”LA Fourth Circuit, 3–2, Holds Dump-Truck Driver Paid 25% of Truck Earnings Was an Employee Despite 1099; Dissent Invokes Manifest-Error Review The Louisiana Court of Appeal, Fourth Circuit recently reversed...
Louisiana Court: Paid a Percentage, Still an Employee Louisiana Court: Paid a Percentage, Still an EmployeeKY Supreme Court Holds the Statutory Presumption Against Recovery for Intoxicating Substances Does Not Apply to Alcohol The Kentucky Supreme Court has affirmed benefits for a traffic flagger who was...
Alcohol Falls Outside KY’s Presumption of Causation Alcohol Falls Outside KY’s Presumption of CausationFL First DCA Holds Harlem’s Narrow “Heart Disease” Definition Does Not Bar a Firefighter’s Arrhythmia Claim Under the Heart-Lung Presumption Florida’s First District Court of Appeal has affirmed an award...
The Heart Has Wiring, Too The Heart Has Wiring, TooThe Court of Appeals of Mississippi affirmed a decision of the state's Workers' Compensation Commission that found an injured worker was entitled to PPD benefits of $81.38 per week for...
MS Court Reiterates Claimant May Qualify for PPD Benefits in Spite of Increased Earnings MS Court Reiterates Claimant May Qualify for PPD Benefits in Spite of Increased EarningsAn Ohio appellate court affirmed a verdict entered by a trial court on a jury verdict finding an injured employee was entitled to participate in the benefits provided under the...
Ohio Court Appropriately Instructs Jury on “Eggshell Head” Theory of Liability Ohio Court Appropriately Instructs Jury on “Eggshell Head” Theory of LiabilityA federal district court, sitting in California, granted–in relevant part–an employer’s motion to dismiss two causes of action alleging negligent supervision and intentional infliction of emotional distress filed by a...
Federal Court (Cal.) Says Tort Claim Alleging Unsafe COVID-19 Conditions is Barred by Exclusivity Rule Federal Court (Cal.) Says Tort Claim Alleging Unsafe COVID-19 Conditions is Barred by Exclusivity RuleIn a much anticipated decision, the Supreme Court of Kansas reversed an August 2018 decision of the state's Court of Appeals that had struck down as unconstitutional the use of...
Kansas Supreme Court Says Use of 6th Edition of AMA Guides is Constitutional Kansas Supreme Court Says Use of 6th Edition of AMA Guides is ConstitutionalAs 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 Filed
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