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 ClaimsIn a decision not designated for publication, an appellate court from the state of Washington affirmed a jury’s determination that an injured worker was intoxicated to such an extent that...
Washington Landscaper Denied Benefits After "Blowing" Twice the Legal Limit Washington Landscaper Denied Benefits After "Blowing" Twice the Legal LimitIn a decision that discusses the complex give and take between an injured Pennsylvania employee and an employer who contends that the employee no longer is entitled to a payment...
PA Commonwealth Court Reverses ALJ's Decision Awarding Unreasonable Contest Fees PA Commonwealth Court Reverses ALJ's Decision Awarding Unreasonable Contest FeesConstruing Colorado law, a federal district court granted, in relevant part, a former employer’s motion for summary judgment in a case filed against it for retaliatory discharge [Donez v. Leprino...
Federal District Court Says Proximity of Firing to Filing Claim Was Alone Insufficient to Survive Employer’s Motion for Summary Judgment Federal District Court Says Proximity of Firing to Filing Claim Was Alone Insufficient to Survive Employer’s Motion for Summary JudgmentGovernor and Legislators Might Profit From Reading PA’s Protz Decision The controversial “rule change” put in place two weeks ago by the Illinois Workers’ Compensation Commission, which purports to create...
Opinion Mondays: Later Today, IL Comm'n Will Say "Ooops" as to its Presumption of Compensability Opinion Mondays: Later Today, IL Comm'n Will Say "Ooops" as to its Presumption of CompensabilityYesterday, a New York appellate court held that the Board's decision to preclude medical reports of two of claimant's treating physicians was appropriate in spite of the fact that the...
NY Employer/Carrier May Preclude Medical Reports Without Enforcing Subpoenas NY Employer/Carrier May Preclude Medical Reports Without Enforcing SubpoenasA New York appellate court affirmed a determination by a state Workers’ Compensation Law Judge, later upheld by New York’s Board, that disqualified a claimant from receiving future wage replacement...
NY Claimant's False Representations Lead to Disqualification from Future Benefits NY Claimant's False Representations Lead to Disqualification from Future BenefitsAcknowledging that one of the important factors to be considered in determining whether a worker is an independent contractor, rather than an employee, is whether the worker brings important “equipment”...
Idaho Court Says Bodies of Tandem Skydivers Are Not "Equipment" Idaho Court Says Bodies of Tandem Skydivers Are Not "Equipment"Construing the state’s traveling employee rules, as those rules pertain to claims for workers’ compensation benefits, a New York appellate court affirmed a decision by the state’s Workers’ Compensation Board...
NY Court Construes State’s Traveling Employee Rules and Affirms Award of Benefits NY Court Construes State’s Traveling Employee Rules and Affirms Award of BenefitsCOVID-19 Legislation Continues to Follow Discriminatory Practices The workers’ compensation coronavirus legislation recently passed in Wisconsin and Utah continues to follow the predictable pattern of discriminating against many who face...
Opinion Mondays: "The First Shall Be First, and the Last Shall Remain Last" Opinion Mondays: "The First Shall Be First, and the Last Shall Remain Last"In an unusual case with an interesting twist, a New York appellate court yesterday affirmed a decision by a state trial court that denied a defendant's motion for summary judgment...
Injured NY Worker Who Received Comp Benefits Might Also Recover in Tort Against Co-Worker Injured NY Worker Who Received Comp Benefits Might Also Recover in Tort Against Co-WorkerThe Supreme Court of Missouri, construing the state’s special causation rules for workers’ compensation claims, affirmed a decision by the state’s Labor and Industrial Relations Commission that denied an employee’s...
"First Do No Harm" – Missouri Employee's Injuries At Doctor's Office Not Compensable "First Do No Harm" – Missouri Employee's Injuries At Doctor's Office Not CompensableNew York practitioners are aware that when a party seeks review of a WCLJ's findings, the state's Workers' Compensation Board has become quite strict in its examination of a party's...
For NY Board's Form RB-89, Question 15's "When" Did Not Mean a Specific Date For NY Board's Form RB-89, Question 15's "When" Did Not Mean a Specific Date
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