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 DeathsIn a second recent case construing the effects of Kan. Stat. Ann. § 44-523(f)(1), which, according to the first such case, Glaze v. Williams, 2019 Kan. LEXIS 75 (Apr. 19,...
Kansas High Court Says Amendment to “Failure to Move Forward” Statute Applies Retroactively Kansas High Court Says Amendment to “Failure to Move Forward” Statute Applies RetroactivelyDivided Kansas Supreme Court Argues Over Workers’ Comp Act’s “Failure to Move Forward” Statute In a divided decision, the Supreme Court of Kansas held that Kan. Stat. Ann. § 44-523(f)(1)...
What’s In A Comma? What’s In A Comma?A commercial truck driver, who sustained injuries during an unpaid pre-employment drive test that consisted of an actual delivery for the prospective employer, was not a “worker,” as that term...
Oregon Supreme Court: Minimum Wage Law May Not Be Used to Determine Claimant’s Status as “Worker” Oregon Supreme Court: Minimum Wage Law May Not Be Used to Determine Claimant’s Status as “Worker”Court Says Board Mischaracterized Videotape Surveillance Evidence A New York appellate court reversed a decision by the state’s Workers’ Compensation Board that disqualified a claimant from receiving future wage replacement...
NY Court Reverses Board’s Decision to Disqualify Claimant From Future Benefits NY Court Reverses Board’s Decision to Disqualify Claimant From Future Benefits45-Year Employee Did Not Face Similar Risk in Non-Employment Life A Missouri appellate court affirmed a decision by the state’s Labor and Industrial Relations Commission that awarded workers’ compensation benefits...
Missouri Court Affirms Award for Fall in Employer’s Parking Garage Missouri Court Affirms Award for Fall in Employer’s Parking GarageLien Allowed in Spite of Fact that Children Had Been Adopted by Step-Father In a 5-4 decision, the Court of Appeals of Mississippi held the biological children of a deceased...
Deeply Divided MS Court Says Deceased Employee’s Ex-Wife May Impose Lien for Child Support Deeply Divided MS Court Says Deceased Employee’s Ex-Wife May Impose Lien for Child SupportAn Ohio appellate court erred when, in trying to determine if a claimant was part of the active workforce, it turned to an article describing how the United States Department...
Ohio Supreme Court Says Federal Employment Standards May Not Be Used to Determine if Claimant Was Part of Workforce Ohio Supreme Court Says Federal Employment Standards May Not Be Used to Determine if Claimant Was Part of WorkforceCase Sent Back to Board for Determination Consistent With its Holding In a case of first impression, the Supreme Court of Kansas, affirming a decision of the state’s Court of...
Kansas Supreme Court Reiterates: “Idiopathic” and “Unknown” Are Not Synonyms Kansas Supreme Court Reiterates: “Idiopathic” and “Unknown” Are Not SynonymsDIME Physician’s Opinions as to the Cause of Engineer’s Narcolepsy Not Afforded Special Deference By virtue of a special Colorado statute [Colo. Rev. Stat. § 8-42-107(8)(b)(III)], a division-sponsored independent medical...
Colorado DIME Physician's Opinion Not Always Given Presumptive Deference Colorado DIME Physician's Opinion Not Always Given Presumptive DeferenceIn a case of first impression, the Supreme Court of Rhode Island held that “benefits” received under the state’s “work-sharing” program [see R.I. Gen. Laws § 28-44-69] are not to...
Rhode Island’s “Work-Sharing” Benefits Not Used in Computing AWW Rhode Island’s “Work-Sharing” Benefits Not Used in Computing AWWDeputy Was on Cell Phone Exchanging Shift-Change Information at Time of Crash A deputy sheriff’s death in an automobile accident did not arise out of and in the course of...
Nebraska Deputy’s Fatal Injuries in Auto Accident Not Compensable Nebraska Deputy’s Fatal Injuries in Auto Accident Not CompensableLandlord Could Not Implead Tenant/Employer In Injured Employee’s Suit Where Employer Was Not Negligent The exclusive remedy provision of the Delaware Workers’ Compensation Act [Del. Code Ann. tit. 19, §...
Exclusive Remedy Defense Protects Some Employers In Spite of Express Indemnification Agreement Exclusive Remedy Defense Protects Some Employers In Spite of Express Indemnification Agreement
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