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, TooWhere the Georgia Board found that the employee’s work-related injuries had resolved prior to the date the employee requested a change in her treating physician, it was appropriate for the...
Georgia Employee Not Entitled to Change in Physician Since Injury Was Resolved Georgia Employee Not Entitled to Change in Physician Since Injury Was ResolvedConstruing Ariz. Rev. Stat. § 23-1043.01(B), which denies coverage for mental injuries, such as PTSD, unless some “unexpected, unusual or extraordinary stress related to the employment … was a substantial...
Unusual “Event” Versus Unusual “Stress”: AZ Court Says Commission Should Reconsider Deputy Sheriff’s PTSD Claim Unusual “Event” Versus Unusual “Stress”: AZ Court Says Commission Should Reconsider Deputy Sheriff’s PTSD ClaimIt is axiomatic that the procedural law of workers’ compensation takes its lead and tone from the beneficent nature of the legislation. Except in those few jurisdictions utilizing court administration...
Around the Horn: Admissibility of Hearsay in Workers’ Compensation Cases Around the Horn: Admissibility of Hearsay in Workers’ Compensation CasesAcknowledging that in most cases in Utah, an injured worker who is capable of returning to work full-time cannot be considered to have sustained permanent total disability, a state appellate...
Utah Worker Found to Have Sustained PTD In Spite of His Return to Work Utah Worker Found to Have Sustained PTD In Spite of His Return to WorkIn a case construing Ohio’s unique law and rules regarding the violation of a specific safety requirement, a state appellate court refused to overturn a decision by the state’s Industrial...
Ohio Fire Department Hit With Safety Penalty Ohio Fire Department Hit With Safety PenaltyFlorida’s Rule 60Q-6.109 of the state’s Rules of Procedure for Workers’ Compensation Adjudications provides that if an act required or allowed to be done falls on a holiday or weekend...
Florida’s 30-Day Grace Period to Avoid Attorney’s Fees is Not Extended for Holidays and Weekends Florida’s 30-Day Grace Period to Avoid Attorney’s Fees is Not Extended for Holidays and WeekendsUnder N.Y. Workers’ Comp. Law § 15(3), schedule loss of use (SLU) awards may be awarded only for a statutorily-enumerated member — for example, a leg or an arm —...
New York SLU Awards Made for “Members”, not for Body Parts Making up Those Members New York SLU Awards Made for “Members”, not for Body Parts Making up Those MembersAn Illinois appellate court affirmed an order of a county circuit court that, in turn, confirmed a decision of the state’s Workers’ Compensation Commission reversing an award of attorney fees...
Illinois Act Provides No Penalties for Delay in Authorizing Medical Treatment Illinois Act Provides No Penalties for Delay in Authorizing Medical TreatmentYesterday, a New York appellate court affirmed a decision by a panel of the state’s Workers’ Compensation Board that set counsel fees for the claimant’s attorney at $8,000, instead of...
NY Court Affirms Board’s Reduction of Attorney Fee to 45 Percent of Amount Requested NY Court Affirms Board’s Reduction of Attorney Fee to 45 Percent of Amount RequestedIn spite of medical evidence that indicated an injured employee’s disability should be equally apportioned between his noncompensable lung cancer condition and a subsequent work-related injury to his right shoulder...
No Apportionment For NY Claimant’s Preexisting Cancer In Spite of Medical Evidence No Apportionment For NY Claimant’s Preexisting Cancer In Spite of Medical EvidenceWhere an employer paid for medical services exclusively to treat the compensable injury, but not to treat any additional harm from medical negligence, the employer had no subrogation interest in...
Maryland Employer’s Subrogation Interest Does Not Extend to Employee’s Medical Malpractice Settlement Maryland Employer’s Subrogation Interest Does Not Extend to Employee’s Medical Malpractice SettlementA panel of the New Hampshire Supreme Court reversed a finding of the state’s Compensation Appeals Board (CAB) denying a claim by an elementary school speech assistant who sustained a...
NH Supreme Court Panel Reverses Board’s Denial in Unexplained Fall Case NH Supreme Court Panel Reverses Board’s Denial in Unexplained Fall Case
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