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, TooIllustrating 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Florida Illegal Immigrant Caught in Catch-22 Florida Illegal Immigrant Caught in Catch-22In an unpublished opinion that illustrates the difficulty in establishing medical causation in many aggravation cases, a Nebraska appellate court affirmed a decision by the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 DVTAcknowledging that under 820 ILCS 305/18, questions under the Illinois Workers’ Compensation Act must generally be determined by the state’s Industrial Commission, a state appellate court held that the circuit...
Illinois Commission Does Not Have Exclusive Jurisdiction Over Insurance Coverage Question Illinois Commission Does Not Have Exclusive Jurisdiction Over Insurance Coverage QuestionThat a California employer and/or its workers’ compensation insurer might have a subrogation interest in the proceeds of any recovery in a third-party negligence action originally filed in a state...
California Employer/Insurer’s Right to Subrogation Does Not Bar Removal of Case to Federal District Court California Employer/Insurer’s Right to Subrogation Does Not Bar Removal of Case to Federal District CourtThat an employer had paid for home health care by an agency in the past did not necessarily mean the care provided by an injured employee’s spouse was compensable under...
Virginia Court Reverses Award of Home Health Care Provided by Spouse Virginia Court Reverses Award of Home Health Care Provided by SpouseWhere a claimant worked six days a week from February 13, 2017 until May 14, 2017, when he sustained work-related injuries, earning $12,130.76 for the thirteen-week period, it was error...
NY Court Weighs in on AWW Computation for Claimant Working Substantially Less Than Full Year Before Injury NY Court Weighs in on AWW Computation for Claimant Working Substantially Less Than Full Year Before InjuryTestimony by the employer’s independent medical examiner, in which the physician opined that the major contributing cause of claimant’s need for treatment for his respiratory condition was his 17-year history...
Florida IME MD Need Not be Board-Certified Pulmonologist to Testify as to Causation of Lung Condition Florida IME MD Need Not be Board-Certified Pulmonologist to Testify as to Causation of Lung ConditionIn the first appellate decision from New York to deal with the intersection of the state’s medical marijuana law with its Workers’ Compensation Law, a state appellate court recently held...
NY Court Hints that Employer Might be Required to Pay for Medical Marijuana NY Court Hints that Employer Might be Required to Pay for Medical MarijuanaIn a divided decision, a Florida appellate court found that a state trial court had erred when it dismissed an action filed by an injured worker against her workers’ compensation...
Injured Worker May Proceed Under Florida’s Consumer Practices Act Against Her Medical Providers Injured Worker May Proceed Under Florida’s Consumer Practices Act Against Her Medical Providers
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