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 ClaimsYesterday, a federal district court held that a Tennessee employer had violated state employment law regarding retaliatory discharge where the employee in question was fired within one hour of the...
Surreptitious Recording Reveals Firing Was Connected to Comp Claim and Not Immigration Status Surreptitious Recording Reveals Firing Was Connected to Comp Claim and Not Immigration StatusLast Friday, answering a question certified to it by the U.S. Court of Appeals for the Seventh Circuit, the Supreme Court of Illinois held that under section 21 of the...
IL Supreme Court: Workers’ Compensation Settlement Proceeds Are Beyond Reach of Health Care Providers Who Treated the Worker IL Supreme Court: Workers’ Compensation Settlement Proceeds Are Beyond Reach of Health Care Providers Who Treated the WorkerStressing that an Arkansas appellate court must defer to the state Commission’s findings of credibility and its resolution of conflicting evidence, even though it is the administrative law judge —...
Arkansas Worker Fails to Show Injury Was Not “Substantially Occasioned” by Marijuana Use Arkansas Worker Fails to Show Injury Was Not “Substantially Occasioned” by Marijuana UseYesterday, a Florida appellate court held an employer and a co-employee were not estopped to raise the exclusive remedy defense in a civil action filed against them by a plaintiff...
Blowing Both Hot and Cold: When Can Florida Employer Deny Comp Claim and Later Say Tort Action is Barred by Exclusive Remedy Rule? Blowing Both Hot and Cold: When Can Florida Employer Deny Comp Claim and Later Say Tort Action is Barred by Exclusive Remedy Rule?A Florida trial court erroneously granted a former employer summary judgment in a retaliatory discharge action filed by a former employee where the trial court based its decision on the...
Firing Injured Florida Worker Before He Could File Claim Did Not Preclude Retaliatory Discharge Action Firing Injured Florida Worker Before He Could File Claim Did Not Preclude Retaliatory Discharge ActionWith a conflicting web of state versus state policies that would make any Conflict of Laws professor salivate, a federal district court in Pennsylvania found a choice of law provision...
War Between the States: Federal Court Decides PA Law Precludes Third-Party Indemnity Action Against Employer War Between the States: Federal Court Decides PA Law Precludes Third-Party Indemnity Action Against EmployerIn a split decision, the Sixth Circuit Court of Appeals affirmed the dismissal of an injured Tennessee worker’s intentional tort action against her employer based on the district court’s finding...
Divided Sixth Circuit Affirms Dismissal of Intentional Tort Action Filed against TN employer Divided Sixth Circuit Affirms Dismissal of Intentional Tort Action Filed against TN employerConstruing Va. Code Ann. § 65.2-503(C), which provides for PTD benefits, rather than PPD benefits, when an individual suffers the loss of use of two limbs in the same accident,...
Virginia Court Says Injuries Occurring Two Years Apart Can Actually Be From the “Same Accident” Virginia Court Says Injuries Occurring Two Years Apart Can Actually Be From the “Same Accident”In a proverbial “battle of the statutes,” an Iowa appellate court held that, under the facts of the case, a workers’ compensation decision granting a claimant’s application for alternate medical...
Iowa Claimant Allowed Alternate Treatment in Spite of Employer’s IME Request Iowa Claimant Allowed Alternate Treatment in Spite of Employer’s IME RequestIn a case of first impression, earlier today (January 13, 2020), the Appellate Division of the Superior Court of New Jersey affirmed an order of a state workers’ compensation judge...
NJ Court Approves Order Requiring Employer to Reimburse Worker for Medical Marijuana NJ Court Approves Order Requiring Employer to Reimburse Worker for Medical MarijuanaIn an unusual case that shows how traditional procedural rules can sometimes be disregarded in workers’ compensation cases, a New York appellate court affirmed a finding of the state’s Workers’...
NY Court Affirms Use of Hearsay Evidence to Establish Employee Fraud NY Court Affirms Use of Hearsay Evidence to Establish Employee FraudIn a deeply divided (3-2) decision, a New York appellate court reversed a decision by the state's Workers' Compensation Compensation Board that had found an injured, undocumented construction worker had failed to establish, through a diligent, relevant search for employment, that he maintained the required connection to the labor market....
Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the System Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the System
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