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 ClaimsReversing a lower appellate court, the Supreme Court of Texas held that because the summary judgment evidence established that a deputy sheriff — who died in a vehicular accident involving...
TX Deputy’s Fatal Injuries While Traveling Home in Patrol Car Were Compensable TX Deputy’s Fatal Injuries While Traveling Home in Patrol Car Were CompensableCautioning that the analysis of the case by the state’s Department of Labor had come “perilously close to the prohibited concept of contributory negligence or fault,” the Supreme Court of...
SD Supreme Court Stresses Fault and Negligence Have No Role in Workers’ Comp Disputes SD Supreme Court Stresses Fault and Negligence Have No Role in Workers’ Comp DisputesConstruing the “dual purpose” rule, as utilized in Mississippi, the state’s Court of Appeals, in a deeply divided (6-4) decision, affirmed a decision of the Mississippi Workers’ Compensation Commission that...
Personal Deviation Sinks Mississippi Salesman’s Claim Personal Deviation Sinks Mississippi Salesman’s ClaimA New York appellate court affirmed a determination by the state’s Workers’ Compensation Board that an employer violated N.Y. Workers’ Comp. Law § 120 — the state’s anti-retaliation statute —...
NY Employer’s Quick Firing After Employee’s Injury Was Retaliatory NY Employer’s Quick Firing After Employee’s Injury Was RetaliatoryA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that directed that a claimant be weaned from his narcotic prescription medications in accordance with the...
NY Court Affirms Board’s Decision to Require Weaning From Opioids NY Court Affirms Board’s Decision to Require Weaning From OpioidsAllegations that a New Jersey company maintained an unwritten policy of avoiding the use of a lock-out, tag-out (“LOTO”) safety feature on a machine because doing so would require a...
Jury-Rigged “Safety” Mechanism Subjects NJ Employer to Substantially Certain Tort Claim Jury-Rigged “Safety” Mechanism Subjects NJ Employer to Substantially Certain Tort ClaimWhere a residential counselor at a Pennsylvania inpatient psychiatric facility sought and successfully secured a $40,000 settlement from her employer in a workers’ compensation proceeding in connection with injuries she...
Settlement of Comp Claim Bars Subsequent Civil Action Against Employer on “Third Party Attack” Theory Settlement of Comp Claim Bars Subsequent Civil Action Against Employer on “Third Party Attack” TheoryVa. Code § 65.2-306(A)(4) bars workers’ compensation claims for injuries that, inter alia, result from a claimant’s willful misconduct in refusing “to perform a duty required by statute.” In that...
Failure to Wear Seatbelt Proves Fatal to Virginia Driver’s Claim Failure to Wear Seatbelt Proves Fatal to Virginia Driver’s ClaimA Virginia appellate court recently affirmed a determination by the state’s Commission which, in a divided decision, had awarded workers’ compensation benefits to an administrative assistant who contended she was...
Virginia Court Affirms Award for Brown Recluse Spider Bite Virginia Court Affirms Award for Brown Recluse Spider BiteStressing that under Georgia law, it is the right to control, not the actual exercise of that control, which determines whether the work relationship is one of employer and employee,...
Georgia Husband/Wife Driving Team Were Employees: Wife’s Tort Action Barred by Exclusivity Georgia Husband/Wife Driving Team Were Employees: Wife’s Tort Action Barred by ExclusivityThe world is transfixed by a new enemy: the coronavirus. I just received an email from my bank reminding me how I can use my accounts’ electronic features so as...
For Workers’ Comp World, Coronavirus is a Real “Snake in the Grass” For Workers’ Comp World, Coronavirus is a Real “Snake in the Grass”In a case replete with irony, as many of us scurry around gathering the plethora of information required to file our annual individual income tax returns, a federal district court...
What Goes Around Comes Around: IRS Employee May Not Recover for Stress Associated with Pursuing Injury Claim What Goes Around Comes Around: IRS Employee May Not Recover for Stress Associated with Pursuing Injury Claim
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