In a ruling that reaffirms Arkansas’ strict interpretation of its “employment services” requirement, the state’s Court of Appeals recently affirmed a Workers’ Compensation Commission decision denying benefits to the family...
Arkansas Court Denies Benefits to Good Samaritan Band Director Arkansas Court Denies Benefits to Good Samaritan Band DirectorIn a decision that further defines the barriers to pursuing civil remedies in workplace injury cases within the Louisiana, a state appellant court recently affirmed summary a trial court judgment...
Louisiana Court Rejects “Borrowed Employee” Theory in Workplace Attack Louisiana Court Rejects “Borrowed Employee” Theory in Workplace AttackBackground On September 28, 1973, at approximately 2:30 a.m., James Hawk II, the president, sole stockholder, and chief operating officer of Jim Hawk Chevrolet-Buick, Inc., died when his private airplane...
Throwback Thursday: Hawk v. Jim Hawk Chevrolet-Buick, Inc., 282 N.W.2d 84 (Iowa 1979) Throwback Thursday: Hawk v. Jim Hawk Chevrolet-Buick, Inc., 282 N.W.2d 84 (Iowa 1979)In a decision that underscores the high bar for pursuing civil remedies alongside a workers’ compensation claim, the North Carolina Court of Appeals recently affirmed summary judgment against the estate...
NC Court Rejects Tort Claim for Workplace Fatality NC Court Rejects Tort Claim for Workplace FatalityNearly four years after COVID-19 first disrupted workplaces across America, courts continue to refine their approach to pandemic-related workers’ compensation claims. Three recent decisions from New York’s Appellate Division, Third...
NY Appellate Court Addresses Three Different Types of COVID-19 Claims on Same Day NY Appellate Court Addresses Three Different Types of COVID-19 Claims on Same DayA New York appellate court held that the Workers’ Compensation Law’s exemption of benefits from creditor claims does not shield settlement funds from the state’s Son of Sam Law [Matter...
NY: Workers’ Comp Settlement Not Protected from Son of Sam Law Seizure NY: Workers’ Comp Settlement Not Protected from Son of Sam Law SeizureFlorida’s First DCA recently vacated a workers’ compensation order awarding benefits after finding that a Judge of Compensation Claims (JCC) abused his discretion by not granting a continuance that had...
Florida: Late Change in Doctor’s Causation Opinion Required Hearing Continuance Florida: Late Change in Doctor’s Causation Opinion Required Hearing ContinuanceA Kentucky appellate court has reversed a Workers’ Compensation Board decision that would have allowed a hospital nurse’s COVID-19 claim to proceed under a relaxed causation standard. The Board had...
KY Court Reverses Board: Nurse Failed to Prove COVID-19 Was Work-Related KY Court Reverses Board: Nurse Failed to Prove COVID-19 Was Work-RelatedPersonal Observation In 1977, I stood before the North Carolina Industrial Commission as a young workers’ compensation defense attorney, barely a year into practice, challenging a deputy commissioner’s credibility determination....
De Novo, Deference, or Something in Between: The Complex Landscape of Workers’ Compensation Administrative Review De Novo, Deference, or Something in Between: The Complex Landscape of Workers’ Compensation Administrative ReviewIn another decision highlighting the difficulties faced by workers seeking COVID-19 compensation benefits in jurisdictions lacking a presumption of compensability, a New York appellate court has affirmed the state Board’s...
NY Factory Worker’s COVID-19 Claim Fails: No Showing of Workplace Exposure NY Factory Worker’s COVID-19 Claim Fails: No Showing of Workplace ExposureOn Tuesday, in an unpublished decision, the North Carolina Court of Appeals reversed a trial court’s denial of summary judgment for a corporate defendant in a civil action filed against...
NC Court’s Special Employment Analysis Raises Important Question NC Court’s Special Employment Analysis Raises Important QuestionThe Iowa Court of Appeals recently affirmed a workers’ compensation commissioner’s decision awarding death benefits to a surviving spouse, finding substantial evidence supported the commissioner’s determination that the worker’s fatal...
Iowa: Death Benefits Awarded Where Evidence of Suicide Found Insufficient Iowa: Death Benefits Awarded Where Evidence of Suicide Found InsufficientOrigins and Commercial Context Within commercial and financial contexts, the term “odd lot” has long been used to describe non-standard quantities of goods or securities that, because of their irregular...
Understanding the Odd-Lot Doctrine in Workers’ Compensation Law: Origins, Evolution, and Modern Application Understanding the Odd-Lot Doctrine in Workers’ Compensation Law: Origins, Evolution, and Modern ApplicationLast week, in an unpublished decision, an Illinois appellate court reversed a Workers’ Compensation Commission’s denial of permanent total disability benefits, holding that a 77-year-old bus driver qualified for benefits...
IL Appellate Court Awards TPD Benefits Under Odd-Lot Doctrine IL Appellate Court Awards TPD Benefits Under Odd-Lot DoctrineYesterday, relying heavily upon the discussion of the “traveling employee exception” to the going and coming rule found in Larson’s Workers’ Compensation Law, the Kentucky Supreme Court affirmed decisions of...
KY High Court: Injuries Sustained in Las Vegas Slip and Fall While Shopping are Compensable KY High Court: Injuries Sustained in Las Vegas Slip and Fall While Shopping are CompensableLast Friday, the Kansas Court of Appeals affirmed a decision of the state’s Workers Compensation Board awarding additional benefits under the Kansas Workers’ Compensation Act to a nurse who moved...
Kansas Court Affirms Out-of-State Injury Compensable Under Kansas Comp Act Kansas Court Affirms Out-of-State Injury Compensable Under Kansas Comp Act
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