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 DeathsThe grant of immunity afforded to subcontractors enrolled in an Ohio contractor’s self-insurance plan [see Ohio Rev. Code Ann. § 4123.35(O)] from claims by employees of another enrolled subcontractor does...
Immunity Afforded to Ohio Subcontractors Under Contractor’s Self-Insurance Plan is Constitutional Immunity Afforded to Ohio Subcontractors Under Contractor’s Self-Insurance Plan is ConstitutionalIn a deeply divided (5-4) decision, the Supreme Court of Oklahoma recently held that a provision in the state’s workers’ compensation law [Okla. Stat. tit. 85A, § 89] allowing an...
Deeply Divided Oklahoma High Court Says Reduction of PPD Allowed Where Employer Paid Full Wages During Police Officer’s Disability Period Deeply Divided Oklahoma High Court Says Reduction of PPD Allowed Where Employer Paid Full Wages During Police Officer’s Disability PeriodIn an ancient decision (one year older than me), Day v. Day, 216 S.C. 334, 58 S.E.2d 83 (1950), the Supreme Court of South Carolina, reflecting the general moral mindset...
South Carolina: In Dependency Case, Commission May Not Presume “Fornication” Occurred South Carolina: In Dependency Case, Commission May Not Presume “Fornication” OccurredIn Nevada, under Nev. Rev. Stat. § 616B.578, in order for an employer to receive reimbursement from the state’s “Subsequent Injury Account,” it must prove that that it had knowledge...
Nevada Employer Need Not Show Knowledge of Specific Medical Diagnosis to Recover from Subsequent Injury Fund Nevada Employer Need Not Show Knowledge of Specific Medical Diagnosis to Recover from Subsequent Injury FundThe Supreme Court of North Dakota recently affirmed an ALJ’s finding that the filing of a worker’s claim some 29 months after the work incident was not timely, and, therefore,...
29-Month Delay in Filing North Dakota Claim Bars Recovery 29-Month Delay in Filing North Dakota Claim Bars RecoveryIn a divided decision, a New York appellate court recently held that the state’s Workers’ Compensation Board abused its discretion when it excluded from the record a physician’s medical report...
New York Court Says Attorney’s Ex Parte Text Message to Physician Was Harmless New York Court Says Attorney’s Ex Parte Text Message to Physician Was HarmlessIn the Foreword of our forthcoming Workers’ Compensation Emerging Issues Analysis, 6th Edition [LexisNexis], due out in a few weeks, I note that in contrast to 2017, this year has...
2018’s Top 10 Workers’ Compensation Cases 2018’s Top 10 Workers’ Compensation CasesInjured Employee Must Either Assign Cause or Join Litigation as Party Plaintiff In Pennsylvania, a workers’ compensation insurance carrier may not maintain a third-party action against an alleged tortfeasor on...
Divided PA Supreme Court Refuses to Allow Comp Carrier to Maintain Third-Party Action on Behalf of Injured Employee Divided PA Supreme Court Refuses to Allow Comp Carrier to Maintain Third-Party Action on Behalf of Injured EmployeeA provision of the Massachusetts Workers’ Compensation Act (Act), Mass. Gen. Laws ch. 152, § 75B(2), and not the common law, affords an employee who was injured on the job...
Massachusetts Retaliatory Discharge Statute Protects Employee’s Right to Sue Employer in Tort Massachusetts Retaliatory Discharge Statute Protects Employee’s Right to Sue Employer in TortDivided Court Adopts Minority Rule for Idiopathic Falls Adopting the minority American rule that all work-related risk factors must be considered in determining the compensability of an idiopathic fall—even the...
Idiopathic Fall to Level Floor May Be Compensable in Iowa Idiopathic Fall to Level Floor May Be Compensable in IowaWhere an employee sustained work-related injuries, reached maximum medical improvement (MMI), and, based on factual findings by Nebraska’s Workers’ Compensation Court (WCC), was adjudged to be permanently and totally disabled,...
Massive Stroke After MMI Does Not Result in Loss of Nebraska PTD Benefits Massive Stroke After MMI Does Not Result in Loss of Nebraska PTD BenefitsIn a decision that could have significant repercussions for a number of claimants under the New York Workers’ Compensation Law, a state appellate court affirmed a decision of the Workers’...
NY’s Medical Treatment Guidelines Apply to Out-of-State Providers Treating Nonresident Claimants NY’s Medical Treatment Guidelines Apply to Out-of-State Providers Treating Nonresident Claimants
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