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 ClaimsThe 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 ClaimUnder 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 Intoxication
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