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 ClaimsApplying Utah’s so-called “Allen standard,” under which an employee with a preexisting condition must show that her employment contributed “something substantial” to increase the risk already faced in everyday life,...
Utah Worker Established Causation in Spite of Preexisting Knee Condition Utah Worker Established Causation in Spite of Preexisting Knee ConditionA New York appellate court affirmed a decision by the state's Workers' Compensation Board that awarded benefits to a New York-based truck driver who sustained injuries in a roll-over accident...
NY Truck Driver's Reckless Driving Does Not Defeat Her Claim NY Truck Driver's Reckless Driving Does Not Defeat Her ClaimIn a decision that illustrates the difficulty that many employers will face if their state has adopted a presumption of compensability in COVID-19 cases, the District of Columbia Court of...
Opinion Mondays: D.C. Stroke Case Shows Fighting COVID-19 Presumptions is Going to Be Up-Hill Battle Opinion Mondays: D.C. Stroke Case Shows Fighting COVID-19 Presumptions is Going to Be Up-Hill BattleA Connecticut appellate court recently held that a state trial court did not err when it granted summary judgment in favor of an employer-defendant in an intentional tort claimed filed...
CT Worker Fails in Intentional Tort Action Against Employer CT Worker Fails in Intentional Tort Action Against EmployerAnalyzing one of the most contentious provisions within Florida's Workers' Compensation Act — § 440.13(2)(f), Fla. Stat. — which, under certain conditions, grants an injured worker a one-time change of...
Florida Court Asks State Supreme Court for Guidance on One-Time Change of Physician Rules Florida Court Asks State Supreme Court for Guidance on One-Time Change of Physician RulesIn a case of first impression, a Maryland appellate court held that a state trial court erred when it held that a retaliatory discharge claim may only be maintained when...
MD Court Says Retaliatory "Non-Renewal" of Contract Same as Retaliatory Firing MD Court Says Retaliatory "Non-Renewal" of Contract Same as Retaliatory FiringAs the nation moves, with fits and starts, toward some sort of recovery from the COVID-19 crisis, many within the workers’ compensation system are still trying to digest significant changes...
Opinion Mondays: 30 Days into California's COVID-19 Executive Order, Questions Abound Opinion Mondays: 30 Days into California's COVID-19 Executive Order, Questions AboundIn a divided decision, a New York appellate court recently affirmed a Board determination that a claimant, who had earlier been awarded PPD benefits and whose condition apparently worsened so...
Divided NY Appellate Court Finds Claimant's Need of Surgery Insufficient to Show Worsening Condition Divided NY Appellate Court Finds Claimant's Need of Surgery Insufficient to Show Worsening ConditionCiting Larson’s Workers’ Compensation Law, the Court of Appeals of Maryland held that the Workers’ Compensation Commission’s approval of a settlement agreement that purported to release a dependent’s future claims...
Maryland Widow's Death Benefits Claim Not Barred by Husband's Earlier Broad Settlement Agreement Maryland Widow's Death Benefits Claim Not Barred by Husband's Earlier Broad Settlement AgreementA Pennsylvania appellate court held that where an injured worker resigned from his modified-duty position in order that he could be a “stay-at-home” dad, in part due to his injury,...
PA Injured Worker's Decision to Become Stay-at-Home Dad Proves to be Expensive PA Injured Worker's Decision to Become Stay-at-Home Dad Proves to be ExpensiveA Washington state appellate court held that with regard to an employee’s appeal from a decision of the state’s Board of Industrial Insurance Appeals, while the clear language of Wash....
Washington Court Says Proof of Service Need Not Be Filed Within 30-Day Time Frame Washington Court Says Proof of Service Need Not Be Filed Within 30-Day Time FrameNoting initially that the pleadings of a party proceeding pro se must be held to a less stringent standard than formal pleadings drafted by lawyers, a federal district court in...
Law Firm Security Guard's Claim For Injuries Barred by Exclusive Remedy Rule Law Firm Security Guard's Claim For Injuries Barred by Exclusive Remedy Rule
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