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 ClaimsWhere an injured worker asserted claims based on additional injuries that he alleged arose from conduct that occurred following his workplace injury (he alleged, inter alia, that after he suffered a...
Alabama Employer’s Actions After Injury Might Result in Tort Liability Alabama Employer’s Actions After Injury Might Result in Tort LiabilityA New York appellate court held yesterday that where an employer raised the issue of labor market attachment at a hearing on the claim and the WCLJ did not make...
Absent Finding of Partial Disability, NY Claimant Need Not Show Attachment to Labor Market Absent Finding of Partial Disability, NY Claimant Need Not Show Attachment to Labor MarketAcknowledging what it called “the Herculean task created by the heightened burden of proof for toxic exposure claims,” yet noting as well that it was for the Florida Legislature, not...
FL Court Laments “Herculean Task” for Claimants in Toxic Exposure Claims FL Court Laments “Herculean Task” for Claimants in Toxic Exposure ClaimsThe 2003 amendment to Minn. Stat. § 604.02, subd. 1, did not overturn a line of Minnesota decisions that had concluded that an employer and a third-party tortfeasor were not...
MN High Court Stands Firm: Employer and Third-Party are NOT “Severally Liable” for Employee's Injuries MN High Court Stands Firm: Employer and Third-Party are NOT “Severally Liable” for Employee's InjuriesConstruing Iowa’s co-employee immunity statute, Iowa Code § 85.20(2), which allows a co-employee to be sued for injuries caused by the co-employee’s “gross negligence amounting to such lack of care...
$7 Million Verdict Against Iowa Co-Employee Cannot Stand $7 Million Verdict Against Iowa Co-Employee Cannot StandStressing that Virginia courts were required to “liberally construe” the state’s Workers’ Compensation Act, but not the evidence in the record before it, the Court of Appeals of Virginia affirmed...
Virginia Courts “Liberally Construe” the State’s Act—Not the Evidence Itself Virginia Courts “Liberally Construe” the State’s Act—Not the Evidence ItselfThe U.S. District Court for the Southern District of West Virginia recently held that that the removal of plaintiff’s retaliatory discharge action that had been filed in state court was...
Federal Court Says Retaliatory Discharge Action May Not Be Removed Federal Court Says Retaliatory Discharge Action May Not Be RemovedWhere a chicken farm owner—who knew virtually nothing about raising chickens—exercised minimal control over an employee manager of the farm, yet Tyson Farms, Inc., which contracted with the farm owner...
MD Court Says Tyson Was Co-Employer of Worker at Uninsured Chicken Farm MD Court Says Tyson Was Co-Employer of Worker at Uninsured Chicken FarmAffirming a decision of the state’s Commonwealth Court, the Supreme Court of Pennsylvania recently held that an airline employee who was injured while riding an airport shuttle bus to an...
PA Supreme Court Refuses Narrow Definition of Employer’s “Premises” in Parking Lot Case PA Supreme Court Refuses Narrow Definition of Employer’s “Premises” in Parking Lot CaseWhere a Florida employer, for unknown reasons, stopped paying an injured worker PTD benefits in 1987 regarding the claimant’s accepted claim, but the Division of Workers’ Compensation (“the Division”) continued...
Claims Regarding 40-Year-Old Injury Not Barred by Florida Statute of Limitations Claims Regarding 40-Year-Old Injury Not Barred by Florida Statute of LimitationsIn a well-expressed opinion that illustrates how an appellate court is sometimes required to construe an ambiguous statute, the Supreme Court of New Mexico held that while there was no...
NM Supreme Court Applies IME Statute to Death Benefit Cases NM Supreme Court Applies IME Statute to Death Benefit CasesWhere an Expert Medical Advisor (EMA) clearly indicated in his report that a claimant had not reached MMI because of the claimant’s need for future surgery, it was error for...
Florida JCC May Not Ignore Clear Opinion of Expert Medical Advisor Florida JCC May Not Ignore Clear Opinion of Expert Medical Advisor
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