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 Florida appellate court recently held that a JCC erred in refusing to award temporary disability benefits to an injured worker based on the fact that the worker received “full...
Florida JCC May Not Deny TD Benefits Because Worker Received Full Pay From His Sick Leave Account Florida JCC May Not Deny TD Benefits Because Worker Received Full Pay From His Sick Leave AccountAcknowledging the broad latitude afforded the state’s Workers’ Compensation Board of Review when it comes to weighing the medical evidence before it, the Supreme Court of Appeals of West Virginia,...
West Virginia Court Reverses Medical Findings of Board of Review West Virginia Court Reverses Medical Findings of Board of ReviewUnder Alaska Stat. §§ 23.30.107 and 23.30.107, an employer is entitled to have access to an injured employee’s mental health records when such access is relevant to the employee’s workers’...
Alaska Supreme Court Says Employer May Have Access to Employee's Mental Health Records Alaska Supreme Court Says Employer May Have Access to Employee's Mental Health RecordsIt may be a long shot, but a recent New York appellate decision may have opened the door, if ever so slightly, to compensability of COVID-19 claims on the basis...
Opinion Mondays: Recent NY Case May Open Door for Compensability of COVID-19 Claims Without Need for Presumption Opinion Mondays: Recent NY Case May Open Door for Compensability of COVID-19 Claims Without Need for PresumptionA New York appellate court held that since an employer and carrier had prevailed in a 2013 scheduled loss of use (SLU) claim on causation grounds — the WCLJ’s decision...
In NY Apportionment Claims, Key is Existence of Prior Disability, Not its Cause In NY Apportionment Claims, Key is Existence of Prior Disability, Not its CauseAgain illustrating the discretionary power of a board or commission to make factual findings, a New York appellate court affirmed a decision by the state’s Workers’ Compensation Board denying benefits...
NY Retail Employee Loses Her "Gray Area" Injury Claim NY Retail Employee Loses Her "Gray Area" Injury ClaimTwo months ago, I posited that a decision in an old influenza case from Hawaii might give us some indication as to how a COVID-19 presumption of compensability might operate...
407-Page IME Report Insufficient to Rebut Hawai'i's Presumption of Compensability 407-Page IME Report Insufficient to Rebut Hawai'i's Presumption of CompensabilityAn injured worker’s unpaid religious activity within a small church, which included providing occasional sermons, counseling a small group of parishioners, assisting with Bible studies and baptisms, and the like,...
NY Worker’s Failure to Disclose Religious Activity Does Not Bar Her Receipt of Benefits NY Worker’s Failure to Disclose Religious Activity Does Not Bar Her Receipt of BenefitsIn a long, winding, yet carefully-worded decision (with both concurring and dissenting opinions), a divided Supreme Court of Texas held the federal Airline Deregulation Act (ADA) does not preempt Texas’s...
Texas High Court Collides with 10th Circuit’s Air Ambulance Decision Texas High Court Collides with 10th Circuit’s Air Ambulance DecisionA New York appellate court affirmed a decision of a state trial court that had granted summary judgment to a defendant/farm owner who had been sued by the mother of...
New York Mother's Intentional Tort Action Against Farm Owner Barred New York Mother's Intentional Tort Action Against Farm Owner BarredBuilding on an earlier decision, discussed here, a federal district court sitting in Illinois held, in relevant part, that an action filed by an employee against an employer pursuant to...
Should Employers Consider Special Release Agreements Before Distributing New Laptops? Should Employers Consider Special Release Agreements Before Distributing New Laptops?Jettisoning a decision that had stood for more than 85 years, a divided Supreme Court of Georgia overruled Ocean Acc. & Guar. Corp. v. Farr, 180 Ga. 266 (178 SE...
Supreme Court of Georgia Jettisons 85-Year-Old Decision Regarding “Off-the-Clock” Injuries Supreme Court of Georgia Jettisons 85-Year-Old Decision Regarding “Off-the-Clock” Injuries
New Comments