PA 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 ClaimsSupervisors Who Allegedly Blocked Exits Fell Outside the Workers’ Comp Act’s Exclusive Remedy The Kentucky Court of Appeals has revived tort claims brought by survivors of the December 2021 tornado...
KY Court Revives Tort Claims From Mayfield Candle Factory Tornado Deaths KY Court Revives Tort Claims From Mayfield Candle Factory Tornado DeathsIllustrating the narrow rule that Arkansas utilizes to determine if an injury arises out of and in the course of the employment, a state appellate court recently affirmed the denial...
On-Premises Slip and Fall Not Compensable for Arkansas Worker On-Premises Slip and Fall Not Compensable for Arkansas WorkerIn a decision illustrating the broad latitude given to Missouri’s Labor & Industrial Relations Commission in judging the weight of medical evidence, a panel of a state appellate court recently...
Missouri Worker Fails to Connect Tinnitus to Work-Related Brawl Missouri Worker Fails to Connect Tinnitus to Work-Related BrawlWhere a hospital worker, who had arrived at her employer’s facility one hour prior to the time she was supposed to clock in (which was her habit), sustained injuries as...
Hospital Worker’s Injuries Exiting Elevator Cannot Support Tort Suit Against Louisiana Employer Hospital Worker’s Injuries Exiting Elevator Cannot Support Tort Suit Against Louisiana EmployerConstruing the so-called “borrowed employee” doctrine, the Superior Court of Pennsylvania stressed that where a worker employed by one company is furnished by that company to perform work for another...
Pennsylvania Borrowed Employee May Not Sue Borrowing Employer In Tort Pennsylvania Borrowed Employee May Not Sue Borrowing Employer In TortWhile some jurisdictions show significant flexibility when it comes to time limitations for filing workers’ compensation appeal or review requests, Mississippi appears to be much less forgiving. In Hardy v....
Eight Days Late Results in More than a Dollar Short for Mississippi Claimant Eight Days Late Results in More than a Dollar Short for Mississippi ClaimantThe mere gratuitous furnishing of transportation by the employer to the employee as an accommodation, and not as an integral part of the contract of employment, does not, by itself,...
Provision of Company Vehicle to Texas Employee Does Not Necessarily Bring Commute Within Employment Provision of Company Vehicle to Texas Employee Does Not Necessarily Bring Commute Within EmploymentThat the firing of a worker has some connection to his or her work-related injury is insufficient, in and of itself, to support an award of temporary disability benefits following...
“Don’t Lift that Box”: Georgia Worker Fired For Insubordination, Not Because of His Injury “Don’t Lift that Box”: Georgia Worker Fired For Insubordination, Not Because of His InjuryIllustrating the broad discretion that the state’s Workers’ Compensation Board of Review has when it comes to making factual determinations—including those regarding medical causation—the Supreme Court of Appeals of West...
No Carpal Tunnel Recovery for West Virginia Embalmer No Carpal Tunnel Recovery for West Virginia EmbalmerWhere a grocery store employee was shot and killed in an apparent robbery attempt in the parking lot adjacent to the store, but after the employee had ended her work...
Georgia Employee’s Estate May Move Forward With Tort Action Regarding Parking Lot Shooting Georgia Employee’s Estate May Move Forward With Tort Action Regarding Parking Lot ShootingWorkers’ Compensation Exclusion in Policy Does not Apply. Construing West Virginia law, the Fourth Circuit Court of Appeals held that an injured construction worker could proceed to recover damages under...
Fourth Circuit Says Injured Worker May Proceed Against Employer’s Auto Liability Policy Fourth Circuit Says Injured Worker May Proceed Against Employer’s Auto Liability PolicyCourt Affirms Denial of Benefits Based on Improper Social Security Number. Signaling how easy it is in Florida to deny workers’ compensation benefits to an injured illegal immigrant, yesterday a...
Florida Illegal Immigrant Caught in Catch-22 Florida Illegal Immigrant Caught in Catch-22In an unpublished opinion that illustrates the difficulty in establishing medical causation in many aggravation cases, a Nebraska appellate court affirmed a decision by the state’s Workers’ Compensation Court denying...
Nebraska Claimant Fails to Connect Sinus Cavity Clot to Earlier DVT Nebraska Claimant Fails to Connect Sinus Cavity Clot to Earlier DVT
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