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, Too$14 Million Verdict Stands, Worker’s Duties, Although “Essential,” Were Not Part of Defendant’s Business In a South Carolina wrongful death action, the state’s Court of Appeals recently affirmed a trial...
SC Court Affirms Finding That Maintenance Worker Was Not Statutory Employee of Manufacturer SC Court Affirms Finding That Maintenance Worker Was Not Statutory Employee of ManufacturerReverses Lower Court That Disallowed TD Benefits Since Firefighter Had No Lost Wages Earlier today, reversing a late 2017 decision of the state’s Appellate Division [see my earlier discussion of...
NJ Supreme Court Says Unemployed Volunteer Firefighter Deserves Temporary Disability Benefits NJ Supreme Court Says Unemployed Volunteer Firefighter Deserves Temporary Disability BenefitsRules of Evidence Do Not Strictly Apply to Comp Hearings Stressing that in workers’ compensation hearings, the Kansas Rules of Evidence do not apply and that even hearsay evidence may...
Divided Kansas Court Says Lab Test Results Showing Marijuana Were Admissible Divided Kansas Court Says Lab Test Results Showing Marijuana Were AdmissibleTennessee Employer Does Enjoy Lien for Disability Indemnity & Medical Expenses In a case of first impression, a Tennessee appellate court recently held that an employer does not enjoy a...
Nurse Case Management Fees Not Part of Employer’s Subrogation Lien Nurse Case Management Fees Not Part of Employer’s Subrogation LienOregon Court Says “Impossibility” May be Established by Medical “Probability” Oregon, like the majority of American jurisdictions, employs the “last injurious exposure” rule to assign liability among multiple employers in...
Last Injurious Exposure: What Does “Impossible” Mean? Last Injurious Exposure: What Does “Impossible” Mean?Employer’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 Claim
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