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 DeathsWhere one North Dakota worker was killed and another seriously injured in a work-related explosion, neither the deceased worker’s parents nor the injured worker could maintain a civil action against...
Receipt of Benefits Bars Worker and Parents of Deceased Worker From Maintaining Civil Actions Against North Dakota “Employer” Receipt of Benefits Bars Worker and Parents of Deceased Worker From Maintaining Civil Actions Against North Dakota “Employer”A partially-divided Supreme Court of Ohio has affirmed a decision by a lower level appellate court that, in turn, had refused to vacate an order terminating an injured worker’s PTD...
Bartering Arrangement Results in Loss of PTD Benefits for Ohio Man Bartering Arrangement Results in Loss of PTD Benefits for Ohio ManThe Supreme Court of New Hampshire recently affirmed a decision of the state’s Compensation Appeals Board (CAB) that denied death benefits to the widow of a worker who died of...
New Hampshire Injured Worker’s Death from Heroin and Oxycodone Overdose is not Compensable New Hampshire Injured Worker’s Death from Heroin and Oxycodone Overdose is not CompensableIn a tale of the “dueling statutes,” the Supreme Court of South Carolina recently held that insurers providing automobile insurance may not reduce their obligations to provide no-fault personal injury...
SC’s Auto Insurance Carriers May Not Offset PIP Benefits by Amounts Insured Receives for Workers’ Comp Benefits SC’s Auto Insurance Carriers May Not Offset PIP Benefits by Amounts Insured Receives for Workers’ Comp BenefitsIn a case that illustrates the difficulties that can arise from intertwined small businesses, a Massachusetts appellate court affirmed a decision of the state’s Industrial Accident Reviewing Board that denied...
Massachusetts Business Owner’s Death in Auto Accident While Attending to Side Business is Not Compensable Massachusetts Business Owner’s Death in Auto Accident While Attending to Side Business is Not CompensableThe U.S. District Court for the Western District of Oklahoma recently held that Oklahoma’s workers’ compensation subrogation statute, 85A Okla. Stat. § 43 does not violate Article 23, Section 7...
Federal Court Says Oklahoma’s Subrogation Statute is Constitutional Federal Court Says Oklahoma’s Subrogation Statute is ConstitutionalIn an unpublished opinion, the Special Workers’ Compensation Appeals Panel of the Supreme Court of Tennessee affirmed a trial court’s finding that an employer failed to meet its burden of...
Tennessee Healthcare Worker’s “Scuffle” With Patient Was Not Willful Misconduct Tennessee Healthcare Worker’s “Scuffle” With Patient Was Not Willful MisconductA New York appellate court affirmed a split decision of the state’s Workers’ Compensation Board that earlier found a claimant’s reduced earnings were the result of economic conditions, rather than...
NY Claimant Fails to Show Reduced Earnings Were Caused by Established Back Injury NY Claimant Fails to Show Reduced Earnings Were Caused by Established Back InjuryManeuvering the difficult space within which a worker’s preexisting condition intersects his or her work-related injury, the Supreme Court of Virginia recently affirmed a decision by the state’s Court of...
Virginia Supreme Court Construes “Two-Cause” Rule for Total Disability Cases Virginia Supreme Court Construes “Two-Cause” Rule for Total Disability CasesA worker’s claim for workers’ compensation benefits and a dependent’s claim for death benefits are separate and independent claims, such that the dependent’s claim is not derivate of the worker’s,...
Maryland Widow’s Death Benefits Claim Not Barred by Husband’s Broad Release Before His Death Maryland Widow’s Death Benefits Claim Not Barred by Husband’s Broad Release Before His DeathFired Worker Must Either Have Filed a Claim or Communicated an Intent to Do So Construing Pennsylvania law, a U.S. District Court rejected the so-called “perception theory” of workers’ compensation...
Federal District Court Rejects “Perception Theory” of Workers’ Compensation Retaliation Federal District Court Rejects “Perception Theory” of Workers’ Compensation RetaliationA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found a claimant had failed to provide the required written notice of injury to his...
Vague, Nonspecific Statements About Knee Pain Did Not Constitute Required Notice to New York Employer Vague, Nonspecific Statements About Knee Pain Did Not Constitute Required Notice to New York Employer
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