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, TooA 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 EmployerA New York appellate court, weighing conflicting medical evidence as to the causal connection, if any, between a business woman’s heart attack was causally connected to her employment, recently affirmed...
NY Hair Salon Owner Fails to Show Causal Connection Between Rude Customers and Her Heart Attack NY Hair Salon Owner Fails to Show Causal Connection Between Rude Customers and Her Heart AttackWhere an Iowa claimant’s expert medical witnesses appeared to be unaware of the procedures followed by the employer to prevent contamination of its water supply, the commissioner could reasonably conclude...
Iowa Worker Fails to Tie Legionnaires’ Disease to Workplace Iowa Worker Fails to Tie Legionnaires’ Disease to WorkplaceSufficient evidence existed in the record to support the commissioner’s (and the district court’s) determination that a nurse, who worked for the employer providing in-home nursing services to patients, sustained...
Iowa In-Home Nurse’s Injuries in Head-On Collision Compensable in Spite of Slight Deviation From Routine Iowa In-Home Nurse’s Injuries in Head-On Collision Compensable in Spite of Slight Deviation From RoutineQuoting and adopting the discussion found in Larson’s Workers’ Compensation Law, § 142.01, et seq., a New Jersey appellate court held that the fifth “Larson factor”—residency—is insufficient, in and of...
New Jersey Court Says Fifth “Larson” Factor (Residential Status) Not Sufficient to Establish Jurisdiction New Jersey Court Says Fifth “Larson” Factor (Residential Status) Not Sufficient to Establish JurisdictionA notation in a Montana security guard’s daily log that he had been involved in an altercation with an unruly patient at the clinic to which he was assigned and...
Notation in Montana Security Guard’s Daily Log Re: Altercation With Unruly Patient Was Insufficient to Constitute Notice of Claim Notation in Montana Security Guard’s Daily Log Re: Altercation With Unruly Patient Was Insufficient to Constitute Notice of ClaimA New York appellate court affirmed a finding that claimant, a makeup artist, had failed to establish her claim related to an airborne illness (Bartonella bacteria) that she claimed she...
NY Makeup Artist Fails to Establish Bartonella bacteria Claim From Her Exposure to Rats NY Makeup Artist Fails to Establish Bartonella bacteria Claim From Her Exposure to RatsFive Out of Seven Ohio Supreme Court Justices Say Medical Opinion Was Ambiguous In a 5-2 decision, the Supreme Court of Ohio affirmed a finding by the Tenth District Court...
Commentary: The Challenges in Dealing With Cautious Medical Testimony Commentary: The Challenges in Dealing With Cautious Medical Testimony
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