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, TooAffirming 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 AdvisorAcknowledging that an employee’s refusal of vocational rehabilitation services can constitute voluntary abandonment of the workforce for disability compensation purposes, an Ohio appellate court held that such a refusal does...
Ohio Worker Gets PTD Benefits in Spite of Refusing Vocational Rehab Ohio Worker Gets PTD Benefits in Spite of Refusing Vocational RehabIllustrating 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 Injury
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