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, TooYesterday, in a decision that is certain to draw attention in a host of other jurisdictions, the Supreme Judicial Court of Massachusetts, quoting Larson’s Workers’ Compensation Law, held a workers’...
Massachusetts High Court Says Comp Insurer Need Not Pay for Medical Marijuana Massachusetts High Court Says Comp Insurer Need Not Pay for Medical MarijuanaIn a decision that has important ramifications for other claims filed in the Empire State by employees working from home due to the COVID-19 pandemic, a state appellate court reversed...
NY Board May Not Employ "Novel" Standard for Work-at-Home Injuries NY Board May Not Employ "Novel" Standard for Work-at-Home InjuriesAn Ohio appellate court reversed a trial court’s determination that an injured worker had not sustained a compensable mental injury–Depressive Disorder, not otherwise specified–stemming from her original 2007 knee injury,...
Foreseeability of Ohio Worker's Depression is Not a Factor in Judging Compensability of Mental Condition Foreseeability of Ohio Worker's Depression is Not a Factor in Judging Compensability of Mental ConditionReversing an earlier decision of the state’s Court of Appeals, the Supreme Court of Virginia held that the phrase “injury by accident” linked two discrete concepts—an injury and an accident—that...
Virginia Supreme Court Rejects Lower Court's Attempt to Clarify "Sudden Mechanical or Structural Change" Rule Virginia Supreme Court Rejects Lower Court's Attempt to Clarify "Sudden Mechanical or Structural Change" RuleThe U.S. Bankruptcy Court for the Western District of North Carolina, construing the state statute on exemptions, held that a Chapter 13 Debtor was not entitled to claim an exemption...
Land and Mobile Home Purchased With Workers' Comp Proceeds by NC Bankruptcy Debtor is Not Exempt Land and Mobile Home Purchased With Workers' Comp Proceeds by NC Bankruptcy Debtor is Not ExemptThe obligation of a Florida public utility to maintain its facilities and equipment arose out of an administrative regulation and, therefore, was not the sort of obligation that could be...
Florida Utility Was Not Statutory Employer of Injured Workers of Maintenance Company Florida Utility Was Not Statutory Employer of Injured Workers of Maintenance CompanyIn spite of the fact that a New York employee sustained an admitted work-related injury–she was hit by falling scaffolding–and her physician offered an unrebutted medical opinion that she was...
NY Court Affirms Abandonment of Labor Market Finding in Spite of Medical Opinion as to Disability NY Court Affirms Abandonment of Labor Market Finding in Spite of Medical Opinion as to DisabilityA county firefighter, who was diagnosed with prostate cancer three years after his retirement, and who had been given a 40 percent disability rating, was entitled to PPD benefits based...
Nevada Firefighter Due PPD Benefits For Cancer Diagnosed After Retirement Nevada Firefighter Due PPD Benefits For Cancer Diagnosed After RetirementA New York appellate court affirmed a decision by the state's Workers' Compensation Board that denied death benefits to a widow whose husband, a former correction officer, died in 2016,...
NY Widow's Death Benefits Claim Filed 12 Years After Work Cessation Not Supported By Medical Evidence NY Widow's Death Benefits Claim Filed 12 Years After Work Cessation Not Supported By Medical EvidenceA New York appellate court held the state's Workers' Compensation Board did not abuse its discretion in awarding counsel fees of $1,000 to the law firm representing an injured worker...
NY Law Firm Requests $52K in Fees, Gets $1K For Failure to Submit Proper Form NY Law Firm Requests $52K in Fees, Gets $1K For Failure to Submit Proper FormWhere a claimant had applied for a position with the purported employer, had been advised by that employer to attend an unpaid “orientation” and a paid training day, had arrived...
Oregon Claimant’s Injury During Unpaid Orientation Session is Compensable Oregon Claimant’s Injury During Unpaid Orientation Session is CompensableA New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that held a claimant was entitled to a 7.5 percent schedule loss of use (“SLU”) of...
NY Employer Allowed 10 Percent Credit for Claimant's Prior SLU Injury to Same Leg NY Employer Allowed 10 Percent Credit for Claimant's Prior SLU Injury to Same Leg
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