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, TooEmployer Fails to Show Injury “Fell” Within “Access Doctrine” Exception to Going and Coming Rule A Texas appellate court recently held that an employer—the City of Corpus Christi—failed to show...
Texas Employee’s Tort Action for Fall in Parking Lot Injury May Move Forward Texas Employee’s Tort Action for Fall in Parking Lot Injury May Move ForwardCourt’s Ruling of No Occupational Disease Does Not Bar Claim (After Remittal) for Accidental Injury Where a New York appellate court reversed the state Workers’ Compensation Board’s finding that a...
NY Claimant Establishes Aspergillosis Claim as an Accidental Injury NY Claimant Establishes Aspergillosis Claim as an Accidental InjuryA temporary staffing agency worker may not maintain a cause of action against a “borrowing employer” for personal injuries sustained in a work-related accident in spite of the fact that...
For Illinois “Borrowing Employer,” Exclusive Remedy Defense Not Tied to Payment of Insurance Premiums For Illinois “Borrowing Employer,” Exclusive Remedy Defense Not Tied to Payment of Insurance PremiumsA New York appellate court held the state’s Workers’ Compensation Board could reasonably conclude that a claimant had not made false statements or other misrepresentations for the purpose of obtaining...
Injured Worker’s Failure to Mention Involvement in Side Business Did Not Result in Disqualification Injured Worker’s Failure to Mention Involvement in Side Business Did Not Result in DisqualificationCommentary: Is the Workers’ Compensation World Ready for Amazon’s New Package Delivery Business Model? The Answer Might Surprise You! As I drove to a meeting in downtown Durham a few...
Amazon’s New “Last-Mile” Delivery Service: Who “Employs” that Driver-Deliverer at Your Door? Amazon’s New “Last-Mile” Delivery Service: Who “Employs” that Driver-Deliverer at Your Door?PA Criminal Defendant Who Can’t Make Bond is Not Disqualified From Benefits. Stressing that a provision within the Pennsylvania Workers’ Compensation Act [77 Pa. Stat. § 511.1] that requires suspension...
What a Difference a Word Makes! What a Difference a Word Makes!A Georgia employee’s negligence claim against his employer for allegedly denying him access to medical care and insurance coverage following an injury in a vehicular crash is barred by the...
Georgia Employee May Not Sue Employer for Negligent Denial of Medical Care Following Injury Georgia Employee May Not Sue Employer for Negligent Denial of Medical Care Following InjuryFinding that both the Oregon Workers’ Compensation Board and the state’s Court of Appeals had erroneously utilized the appropriate legal standard in their attempts to determine whether a bank employee’s...
Oregon Supreme Court Clarifies Standard in Unexplained Fall Cases Oregon Supreme Court Clarifies Standard in Unexplained Fall CasesLack of Jury Trial and Limited Damages Pass Constitutional Muster Oklahoma’s retaliatory discharge statute [85A O.S.Supp. 2013 § 7], which restricts jurisdiction in relevant instances to the Workers’ Compensation Commission...
Oklahoma’s Retaliatory Discharge Statute Withstands Constitutional Challenge Oklahoma’s Retaliatory Discharge Statute Withstands Constitutional ChallengeYesterday, I had an interesting e-mail exchange with a blog subscriber who wanted my take on the compensability of injuries resulting from Acts of God, specifically, tornadoes and and lightning...
Tornadoes and other “Acts of God”: When Are Weather-Related Injuries Compensable? Tornadoes and other “Acts of God”: When Are Weather-Related Injuries Compensable?A North Carolina worker, who alleged that he was negligently diagnosed and treated by his employer’s plant nurse after suffering a stroke at work, may proceed in tort against that...
NC Worker May Proceed in Tort Against Employer and Plant Nurse for Negligent Treatment NC Worker May Proceed in Tort Against Employer and Plant Nurse for Negligent TreatmentOnce an Idaho claimant has filed a complaint seeking disability benefits, the employer may require her to attend a medical examination under Idaho Code § 72-433, held the Supreme Court...
Idaho Worker Seeking Disability Benefits May Not Avoid Independent Medical Exam Idaho Worker Seeking Disability Benefits May Not Avoid Independent Medical Exam
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