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, TooPublic assistance benefits paid to participants in a New York work experience program (WEP) are “wages,” as that term is defined in the state’s Workers’ Compensation Law [N.Y. Workers’ Comp....
NY’s Public Assistance Benefits Are Wages for Purposes of Computing Loss of Use Award NY’s Public Assistance Benefits Are Wages for Purposes of Computing Loss of Use AwardA Virginia appellate court, affirming a decision by the state’s Workers’ Compensation Commission, held that a claimant need only prove her accident caused one “sudden mechanical or structural change” to...
Virginia Court Clarifies “Sudden Mechanical or Structural Change” Requirement Virginia Court Clarifies “Sudden Mechanical or Structural Change” RequirementAn Oregon appellate court, construing a specialized exception to the exclusive remedy provision of the state’s Workers’ Compensation Law, agreed in relevant part with a trial court that the personal...
Oregon Court Says Landlord Employers Are Immune From Tort Liability Oregon Court Says Landlord Employers Are Immune From Tort LiabilityOwner/Employee’s Injuries in Wreck Were Work-Related Despite Fact That Meeting’s Purpose Was Tangential Injuries sustained in an auto accident by the owner/employee of a commercial-vehicle tire changing service as the...
Ohio Court Takes Broad View of “Arising Out of Employment” Ohio Court Takes Broad View of “Arising Out of Employment”In a signficantly divided (5-2) decision, the Supreme Court of Iowa, answering a question certified to it from the U.S. District Court for the Northern District of Iowa, held that,...
Divided Iowa Supreme Court Says TPAs Are Immune from Common Law Bad Faith Claims Divided Iowa Supreme Court Says TPAs Are Immune from Common Law Bad Faith ClaimsPlaintiffs May Not Back Out Because They Didn’t Account for Workers’ Comp Lien and Medicare Set-Aside An open-court stipulation of settlement in a New York trial court is an independent...
Open Court Settlement Stipulation Binds Parties in NY Civil Action Open Court Settlement Stipulation Binds Parties in NY Civil ActionOpinion of Audiologist With Ph.D. Trumps Opinion of M.D. A Missouri appellate court has affirmed a decision of the state’s Labor and Industrial Relations Commission awarding permanent partial disability benefits...
Missouri Court Says Medical “Expert” Need Not be an M.D. Missouri Court Says Medical “Expert” Need Not be an M.D.While Not an “Employee Leasing Company,” It Qualified as “Employer” A Florida appellate court held that a talent payroll services firm, while not an “employee leasing company,” was nevertheless an...
Florida Talent Payroll Services Firm is “Similar Agent” Under “Employer” Statute Florida Talent Payroll Services Firm is “Similar Agent” Under “Employer” StatuteLast Friday, the Supreme Court of Iowa, affirming a trial court’s earlier decision, held that Iowa Code § 517.5 (2017), which provides immunity to insurance companies and their inspectors from...
Iowa Statute Granting Immunity to Carriers for Faulty Inspections is Constitutional Iowa Statute Granting Immunity to Carriers for Faulty Inspections is ConstitutionalThe Court of Appeals of Virginia recently affirmed a decision by the state’s Workers’ Compensation Commission that denied a claimant’s petition to change her treating physician where the physician indicated...
Virginia Court Says Fear of Needles Isn’t Enough to Warrant Change in MDs Virginia Court Says Fear of Needles Isn’t Enough to Warrant Change in MDsCourt Discusses Important Distinction Between “Legal” and “Medical” Causation Stepping lightly through the difficult mine field of “legal causation,” a Utah appellate court affirmed a decision by the state’s Labor...
Utah Court: Unusual Exertion Required if Claimant Has Preexisting Condition Utah Court: Unusual Exertion Required if Claimant Has Preexisting ConditionEmployee Had Clocked Out and Traveled Six Stops Toward His Home Where a New York City subway train cleaner clocked out at the end of his shift, left his assigned...
Assault on NYC Subway Employee Exiting Train Did Not Occur In Course of Employment Assault on NYC Subway Employee Exiting Train Did Not Occur In Course of Employment
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