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 ClaimsA 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 ContinueThe North Carolina Supreme Court, in a split decision, reversed an earlier decision by the state's Court of Appeals, and held that because the employer's commercial auto policy contained an...
Special Endorsement in NC Commercial Auto Policy Sinks Employer/Insurer's Subrogation Claim Special Endorsement in NC Commercial Auto Policy Sinks Employer/Insurer's Subrogation ClaimA Washington appellate court reversed a determination by a state superior court that had determined that a staffing firm, which assigned temporary workers to a specific entity, could be liable...
Washington Staffing Firm Was Not Employer For Purposes of Safety Violations Washington Staffing Firm Was Not Employer For Purposes of Safety ViolationsIn a split decision, the Superior Court of Pennsylvania held that a well owner and another firm that provided well services to the well owner were not the statutory employers...
Pennsylvania Well Owner and Service Provider Were Not Statutory Employers of Truck Driver Making Delivery Pennsylvania Well Owner and Service Provider Were Not Statutory Employers of Truck Driver Making DeliveryThe first session at tomorrow afternoon’s virtual conference, sponsored by Workers’ Compensation Institute, has really piqued my interest. Entitled, “THE NEW AMA Guides®” (hereinafter “the Guides”), it begs the question:...
Opinion Mondays: The AMA is on Another Collision Course With Protz Opinion Mondays: The AMA is on Another Collision Course With ProtzThe Supreme Court of Minnesota recently held that a health care provider who voluntarily declined to intervene in a pending workers’ compensation proceeding after receiving timely and adequate notice of...
Minnesota Chiropractor's Inaction Causes Loss of $9K in Medical Care Charges Minnesota Chiropractor's Inaction Causes Loss of $9K in Medical Care ChargesA New Jersey appellate court affirmed a state trial court’s decision to grant summary judgment in favor of a defendant supply company in a civil action filed against it by...
NJ Worker's Tort Action Against Supply Company Fails on Exclusivity Grounds NJ Worker's Tort Action Against Supply Company Fails on Exclusivity GroundsA North Carolina appellate court affirmed a decision by the state’s Industrial Commission that denied an employee’s claim for an alleged occupational disease due to excessive stress and other pressures...
NC Claims Rep's Occupational Disease Claim for Anxiety and Depression Fails NC Claims Rep's Occupational Disease Claim for Anxiety and Depression Fails
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