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 DeathsEmployer’s Payment of Medical Charges Revives Expired Statute of Limitations Reversing the state’s Workers’ Compensation Board, which had relied upon what it thought was established precedent (i.e., a 1936 decision...
Kansas Court of Appeals Jettisons 82-Year-Old Supreme Court Precedent Kansas Court of Appeals Jettisons 82-Year-Old Supreme Court PrecedentViolation of Known Safety Rule Prevents Recovery for Injuries A decision to enter a fenced area at the employer’s facility through an unapproved opening, instead of through the approved interlock...
Virginia Worker’s “Short-Cut” Results in Denial of Benefits Virginia Worker’s “Short-Cut” Results in Denial of BenefitsPotential $435K Annual Compensation Under Standard Contract Deemed Too Contingent The Court of Appeals of Virginia recently affirmed a determination by the state’s Workers’ Compensation Commission that fixed a professional...
Virginia Court Affirms Professional Football Tryout’s AWW of $783.63 Virginia Court Affirms Professional Football Tryout’s AWW of $783.63Where an overnight attendant at a rest area was stabbed in the face by a former co-worker whose motive could not be determined—the assailant committed suicide later the same day—the...
Virginia Commission Should Have Considered Employment-Related Risks of Assault Virginia Commission Should Have Considered Employment-Related Risks of AssaultDueling Statutes: Which State’s Subrogation Law Should Apply? Variables within America’s mobile economy often produce complex choice of law issues, particularly when it comes to employer/insurer subrogation interests. For example,...
Arizona High Court Says Nebraska Law Prevents Absolute Assignment of Injured Worker’s Third-Party Claim Arizona High Court Says Nebraska Law Prevents Absolute Assignment of Injured Worker’s Third-Party ClaimThe Supreme Court of Tennessee, reversing a decision of a state trial court, held that an employer who failed to use an automated external defibrillator (AED) to assist an employee...
Tennessee: No Compensable Claim Where Employer Failed to Use On-Site Defibrillator Tennessee: No Compensable Claim Where Employer Failed to Use On-Site DefibrillatorPolicy Procured “by Mistake” Remains in Force Since Cancellation Wasn’t Done According to Missouri Law Cancellation of a workers’ compensation insurance policy, even when both the insured and the insurer...
Husband/Wife Bakery Ends Up With Two Policies; Insurers Must Split Cost of Death Claim Husband/Wife Bakery Ends Up With Two Policies; Insurers Must Split Cost of Death ClaimUnsuccessful Job Applicant Sought to Utilize Statute After Passing Drug Test, But Not Getting Job § 440.102, Fla. Stat., which establishes a drug-free workplace program as part of Florida’s overall...
Florida Comp Act’s Drug-Free Workplace Program Statute Provides no Private Right of Action Florida Comp Act’s Drug-Free Workplace Program Statute Provides no Private Right of ActionAnimal Farm Logic: “All [workers] are equal, but some [workers] are more equal than others.” House Bill 40, which would provide workers’ compensation benefits for post-traumatic stress disorders (PTSD), but...
Kentucky Considers PTSD Benefits—but Only for First Responders Kentucky Considers PTSD Benefits—but Only for First RespondersAnnual “Bizarre” List Began More Than 30 Years Ago More than 30 years ago, my mentor, Dr. Arthur Larson, and I began a quirky New Year’s tradition. Early one January...
The Top 10 Bizarre Workers’ Comp Cases for 2018 The Top 10 Bizarre Workers’ Comp Cases for 2018An Ohio appellant court recently held that the state’s Bureau of Workers’ Compensation (“BWC”) was immune from tort liability in a civil action filed against it by the estate of...
Ohio Bureau of Workers’ Comp Immune From Tort Liability for Alleged Faulty Inspections Ohio Bureau of Workers’ Comp Immune From Tort Liability for Alleged Faulty InspectionsA determination by the New York Workers’ Compensation Board that a claimant made false representations regarding material facts in violation of N.Y. Workers’ Comp. Law § 114-a was supported by...
Video Surveillance & Social Media Result in Misconduct Finding by NY Board Video Surveillance & Social Media Result in Misconduct Finding by NY Board
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