In Collins v. Des Moines Area Regional Transit Authority (DART), 2024 Iowa App. LEXIS 918 (Dec. 18, 2024), the Iowa Court of Appeals affirmed denial of workers’ compensation benefits to...
Iowa Court Affirms Denial of Benefits re: COVID-19 Claim Iowa Court Affirms Denial of Benefits re: COVID-19 ClaimIn Spisa-Kline v. Mary Lanning Memorial Hospital, 2024 Neb. App. LEXIS 750 (Dec. 31, 2024), the Nebraska Court of Appeals affirmed summary judgment for the employer in a workers’ compensation...
Nebraska COVID-19 Claim Fails For Want of Expert Medical Evidence Nebraska COVID-19 Claim Fails For Want of Expert Medical EvidenceAppeals Court Examines Going and Coming Rule The Oregon Court of Appeals has reversed and remanded a Workers’ Compensation Board decision that had denied benefits to a worker injured while...
Oregon Jaywalker Might Be Awarded Benefits Oregon Jaywalker Might Be Awarded BenefitsInsurer Had No Duty to Defend Intentional Tort Claim Against Co-Employee In Ortez v. Penn Nat’l Sec. Ins. Co., 2024 N.C. App. LEXIS 1017 (Dec. 17, 2024), the North Carolina...
NC Court of Appeals Reverses $28.9 Million Tort Judgment NC Court of Appeals Reverses $28.9 Million Tort JudgmentArkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable
An Arkansas tanker-truck driver sustained an injury arising out of and in the course of the employment when he was struck by a vehicle as the truck driver exited a...
Arkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable
Arkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable
Applying the four Larson factors to determine whether an act of horseplay was or was not a substantial deviation from the employment [see Larson’s Workers’ Compensation Law, § 23.01], the...
South Dakota: Horseplay Injury During Lull In Workday Found Compensable South Dakota: Horseplay Injury During Lull In Workday Found CompensableIn Kline v. JRD Management Corp., 2015 Fla. App. LEXIS 8364 (1st DCA, June 2, 2015), a Florida appellate court recently held that a judge of compensation claims (“JCC”) erred...
Florida Court Says Judge Should Have Disqualified Himself For Bias Florida Court Says Judge Should Have Disqualified Himself For BiasEarlier this month, a California appellate court struck down a challenge by two staffing companies that had sued the state, alleging that Cal. Lab. Code § 3701.9, added in 2012...
California Court: Leasing Employers and Temporary Service Employers May Not Self-Insure California Court: Leasing Employers and Temporary Service Employers May Not Self-InsureOrdinarily, workers are free to pursue civil actions against third parties whose negligence causes work-related injuries. One exception, however, is the so-called “firefighter’s rule,” adopted in a number of states,...
Kansas Court Extends Firefighter’s Rule to Bar Tort Recovery by Law Enforcement Officer Kansas Court Extends Firefighter’s Rule to Bar Tort Recovery by Law Enforcement OfficerNevada, like a number of other states, provides workers’ compensation benefits for inmates who sustain injuries “while engaged in work in a prison industry or work program,” whether the program...
Nevada Work Release Inmate’s Injuries Are Responsibility of Employer, Not State Nevada Work Release Inmate’s Injuries Are Responsibility of Employer, Not StateA truck driver, who alleged that he sustained injuries while delivering merchandise to a Wal-Mart store in Kentucky cannot proceed in his civil action against the large retailer since, under...
Kentucky Truck Driver’s Tort Action Against Wal-Mart Barred by Statutory Employer Rules Kentucky Truck Driver’s Tort Action Against Wal-Mart Barred by Statutory Employer RulesA bill introduced in the South Carolina Senate on April 16th (2015 Bill Text SC S.B. 674) would make workers’ compensation coverage optional for the vast majority of the state’s...
South Carolina Bill Would Make Workers’ Comp Coverage Optional for Most Employers South Carolina Bill Would Make Workers’ Comp Coverage Optional for Most EmployersAn employee’s inability to file a timely notice of claim based on his alleged inability to meet with counsel because of the onslaught and aftermath of Hurricane Sandy was an...
NY Claimant Fails to Show That Claim Filing Was Delayed by Hurricane Sandy NY Claimant Fails to Show That Claim Filing Was Delayed by Hurricane SandyYesterday (April 28, 2015), the Supreme Court of Oklahoma, in a 7–2 vote, declined to assume original jurisdiction in a civil action challenging the constitutionality of the state’s new and...
Oklahoma High Court Refuses to Fast-Track Case Challenging Constitutionality of Workers’ Compensation Opt Out Law Oklahoma High Court Refuses to Fast-Track Case Challenging Constitutionality of Workers’ Compensation Opt Out LawAn Arkansas appellate court affirmed a finding by the state’s Workers’ Compensation Commission that an employee was entitled to additional medical benefits when, some six months after an ankle injury,...
Arkansas Court Approves Award of Additional Medical Expenses Related to ER Visit Six Months After Initial Injury Arkansas Court Approves Award of Additional Medical Expenses Related to ER Visit Six Months After Initial InjuryRecent Federal District Court Discusses ERISA’s Strong Preemption Provisions As I have noted on multiple other occasions, one of the distinctive features of the workers’ compensation “opt out” scheme is...
Who’s “Opting Out” of Workers’ Comp—Employers or the States Themselves? Who’s “Opting Out” of Workers’ Comp—Employers or the States Themselves?
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