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, TooA federal district court in Texas held that a Texas employee’s civil action against his non-subscribing employer did not arise out of the Texas Workers’ Compensation Act (“TWCA”), in spite...
Texas Employee’s Suit Against Non-Subscribing Employer Can Be Removed to Federal Court Texas Employee’s Suit Against Non-Subscribing Employer Can Be Removed to Federal CourtThe Court of Appeals of North Carolina affirmed a decision by the state’s Industrial Commission that denied additional medical benefits claimed by an injured worker on statute of limitations grounds...
Medical Provider's Decision to Bill Medicare, Rather than Carrier, Results in NC Employee's Loss of Benefits on Statute of Limitations Grounds Medical Provider's Decision to Bill Medicare, Rather than Carrier, Results in NC Employee's Loss of Benefits on Statute of Limitations GroundsStressing that the state's Workers' Compensation Board had broad discretion in weighing medical evidence as to causation, a New York appellate court affirmed a decision by the Board denying workers'...
New York Painter Fails to Establish Causal Relation Between Employment and Myocardial Infarction New York Painter Fails to Establish Causal Relation Between Employment and Myocardial InfarctionWithin the community of workers’ compensation professionals, most of our COVID-19 attention has been directed to presumptions of compensability and to the relatively unprecedented awarding of benefits to employees who...
Opinion Mondays: COVID-19 and the Going and Coming Rule Opinion Mondays: COVID-19 and the Going and Coming RuleReversing a decision of the state’s Office of Workers’ Compensation (OWC), a Louisiana appellate court held the State was not responsible for almost $48,000 in unpaid prescription bills related to...
Sedgwick Prevails in Dispute Over Unpaid Prescription Charges for Louisiana Claimant Sedgwick Prevails in Dispute Over Unpaid Prescription Charges for Louisiana ClaimantWhere Ohio Adm.Code 4121-3-20(F)(1) provides that a staff hearing officer (“SHO”) is to determine whether an agreed settlement of a violation of a specific safety regulation (VSSR) application is “appropriate...
Ohio Staff Hearing Officer is to Utilize Equitable Principles in Reviewing VSSR Settlement Agreements Ohio Staff Hearing Officer is to Utilize Equitable Principles in Reviewing VSSR Settlement AgreementsQuoting Larson’s Workers’ Compensation Law, § 10.01, a Virginia appellate court affirmed a decision by the state’s Workers’ Compensation Commission that awarded workers’ compensation benefits to an employee who developed...
Virginia Court Says Employee’s MRSA Was Consequential Injury Related to Earlier Work-Related Dog Bite Virginia Court Says Employee’s MRSA Was Consequential Injury Related to Earlier Work-Related Dog BiteWhile many politicians and pundits are still trying to digest what did, or didn’t happened in the national election races, at least one state-level electoral preference was made abundantly clear....
Opinion Mondays: California Voters Tell Elected Officials to Leave Their Ride-Sharing Alone Opinion Mondays: California Voters Tell Elected Officials to Leave Their Ride-Sharing AloneAn Ohio appellate court recently affirmed a decision of a state trial court that granted summary judgment in favor of an employer in a civil action filed against it by...
Broad Release in VSSR Settlement Agreement Sinks Subsequent Action for Spoliation of Evidence Broad Release in VSSR Settlement Agreement Sinks Subsequent Action for Spoliation of EvidenceStressing that because a claimant’s course of treatment is fluid and may evolve over time as either the claimant’s condition changes, the recommendations of the authorized treating physician change, or...
GA Court: Establishing Res Judicata is Difficult as to Medical Issues GA Court: Establishing Res Judicata is Difficult as to Medical IssuesIn a case of first impression, the Supreme Judicial Court of Massachusetts held that the jurisdictional test for extra-territorial injuries employed by the review Board of the Department of Industrial...
Massachusetts High Court Adopts New Jurisdictional Test for Extra-Territorial Injuries Massachusetts High Court Adopts New Jurisdictional Test for Extra-Territorial InjuriesA Louisiana appellate court reversed a decision by a state trial court that had denied a corporate defendant’s motion for summary judgment in a negligence action filed against it by...
Louisiana Temp Worker Injured Two Hours After Reporting for Work May Not Sue Borrowing Employer in Tort Louisiana Temp Worker Injured Two Hours After Reporting for Work May Not Sue Borrowing Employer in Tort
New Comments