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, TooIn a Massachusetts divorce proceeding, a state appellate court affirmed a decision by a state Probate and Family Court judge that had allocated $50,000 of the husband’s remaining workers’ compensation...
MA Court OKs Division of Workers' Comp Settlement Between Divorcing Couple MA Court OKs Division of Workers' Comp Settlement Between Divorcing CoupleIn a decision not designated for publication, a Virginia appellate court affirmed an award of workers' compensation benefits to a claimant who contended he developed Crohn's colitis — a type...
Virginia Employee's Bowel Disease Tied to Puncture Wound in Foot Virginia Employee's Bowel Disease Tied to Puncture Wound in FootIn another case involving Utah's so-called "Allen standard," under which an employee with a preexisting condition faces a heightened standard for proving legal causation, a state appellate court affirmed a...
Utah Court Agrees that Leap from Truck Was Unusual Utah Court Agrees that Leap from Truck Was UnusualIn an opinion that provides perhaps the best discussion of the intentional injury exception to a state’s exclusive remedy rule, the Supreme Court of Texas held that in order for...
Texas High Court Shows "Substantially Certain" Rule Differs "Substantially" from State to State Texas High Court Shows "Substantially Certain" Rule Differs "Substantially" from State to StateApplying 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 Condition
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