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 DecisionsUnder Utah’s Allen standard, where the claimant suffers from a preexisting condition that contributes to the injury, the claimant is required to show an unusual or extraordinary exertion in order...
Utah Rule Heightened Standard Regarding Preexisting Conditions Dooms Claim Utah Rule Heightened Standard Regarding Preexisting Conditions Dooms ClaimA federal district court in California recently held that a plaintiff’s claims against her former employer, a private operator of correctional facilities, for negligent supervision and intentional infliction of emotional...
California Employee's IIED Claim Against Employer for Inadequate COVID-19 Protocols Barred by Exclusivity California Employee's IIED Claim Against Employer for Inadequate COVID-19 Protocols Barred by ExclusivityThe Commonwealth Court of Pennsylvania recently reversed a decision of the state's Board and found, contrary to the findings of both a WCJ and the Board, that an employer violated...
PA Court Says WCJ Erred in Failing to Award Attorney’s Fees to Claimant PA Court Says WCJ Erred in Failing to Award Attorney’s Fees to ClaimantAn Ohio appellate court recently affirmed a state trial court’s grant of summary judgment in favor of an employer that had been sued in tort following the death of an...
Ohio Employer Not Liable in Tort Following Fatal Trench Collapse Ohio Employer Not Liable in Tort Following Fatal Trench CollapseWhile an employer's failure to file a timely notice of controversy precludes the employer from submitting evidence that the claimant did not sustain accidental injuries or that the alleged injuries...
NY Claimant Must Show Causal Connection Between Employment and Medical Condition Even When Employer Fails to Controvert Claim NY Claimant Must Show Causal Connection Between Employment and Medical Condition Even When Employer Fails to Controvert ClaimThe Supreme Court of Ohio affirmed a lower’s court’s decision that an injured worker was not entitled to permanent total disability (PTD) benefits because he had abandoned the workforce [State...
Ohio Claimant May Not Receive PTD Benefits Where He Abandons the Workforce Ohio Claimant May Not Receive PTD Benefits Where He Abandons the WorkforceAffirming a decision of a split panel of the state’s Court of Appeals, the Supreme Court of Kansas sustained an award of death benefits to the widow of a worker...
Kansas Widow Rebuts Presumption of Marijuana Intoxication Kansas Widow Rebuts Presumption of Marijuana IntoxicationA Colorado appellate court recently affirmed a decision by the state's Industrial Claim Appeals Office that found an airline pilot’s widow and children were entitled to survivor benefits after the...
Colorado Court: Pilot Not Engaged in Personal Deviation in Spite of Elevated Alcohol Level in His Blood Colorado Court: Pilot Not Engaged in Personal Deviation in Spite of Elevated Alcohol Level in His BloodIn a case involving an utterly bizarre fact pattern, as well as a legal battle stretching out over the bulk of a decade, the Supreme Court of California, in a...
Opinion Mondays: Is California's "Posse Law" Passé? Opinion Mondays: Is California's "Posse Law" Passé?The Supreme Court of Connecticut held that a transplanted heart is not in the nature of a prosthetic device. Accordingly, where a police officer sustained a compensable rare autoimmune disease...
CT High Court Says Transplanted Heart is Not a Prosthetic Device CT High Court Says Transplanted Heart is Not a Prosthetic DeviceThe Supreme Court of Connecticut, in a split decision, held that, under Conn. Gen. Stat. § 31-291, the city of Bridgeport was the “principal employer” of an employee of an...
CT Municipality Liable for Benefits Owed to Employee of Uninsured Roofing Subcontractor CT Municipality Liable for Benefits Owed to Employee of Uninsured Roofing SubcontractorA civil action filed by an injured worker against a third-party claims administrator for alleged improper claims handling may proceed, held a Delaware court recently [see Ferrari v. Helmsman Mgmt....
Delaware Worker's Tort Suit Against TPA May Continue Delaware Worker's Tort Suit Against TPA May Continue
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