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 JudgmentIn what Professor Larson would have referred to as an “upside-down” exclusivity case—where the employee tries to prove that her injuries were not covered by the applicable workers’ compensation law...
Virgin Islands: Going and Coming—Is Break Taken to Run Errands a “Lunch” Break Virgin Islands: Going and Coming—Is Break Taken to Run Errands a “Lunch” BreakThe Supreme Court of Appeals of West Virginia held that where a claimant delays the filing of a workers’ compensation death benefits claim because she was unaware, and could not...
West Virginia High Court Crafts Narrow Exception to 6-Month Statute of Limitations in Death Claims West Virginia High Court Crafts Narrow Exception to 6-Month Statute of Limitations in Death ClaimsE-businesses like Uber and Lyft, which utilize smartphone or tablet apps to connect passengers and drivers with vehicles for hire are beginning to carve out a niche within the economy....
SC Court Signals That Uber Business Model Probably OK in the Palmetto State SC Court Signals That Uber Business Model Probably OK in the Palmetto StateIn a memorandum decision, the Supreme Court of Appeals of West Virginia affirmed the denial of workers’ compensation benefits to an employee who suffered a dislocation of his left knee...
West Virginia Employee’s Unexplained Fall Was Idiopathic And Not Compensable West Virginia Employee’s Unexplained Fall Was Idiopathic And Not CompensableOn Tuesday, a Pennsylvania appellate court held that a claimant, whose purported husband had been killed in a work-related rollover accident at a ski resort, had presented clear and convincing...
PA: Native-American Marriage Ceremony Establishes “Widow’s” Common-law Marriage PA: Native-American Marriage Ceremony Establishes “Widow’s” Common-law MarriageThe 6.5% assessment, payable by a Maryland employer or insurer to the state’s Subsequent Injury Fund on: (i) each award for permanent disability or death, or (ii) each amount payable...
Maryland: Subsequent Injury Fund Assessment Not Reduced Due to Retirement Offset Maryland: Subsequent Injury Fund Assessment Not Reduced Due to Retirement OffsetA hospital nurse, who fractured her humerus in a fall in her employer’s emergency room when her coat apparently became ensnarled in a wheelchair, did not sustain an injury arising...
Ohio Nurse’s Fall in Hospital ER Was Outside Course and Scope of Employment Ohio Nurse’s Fall in Hospital ER Was Outside Course and Scope of EmploymentAs I mentioned in an earlier post, juries in two civil actions pending before a federal court sitting in California will be allowed to determine if Uber and Lyft have...
Proposed Alaska Legislation Would Clarify That Uber and Lyft Drivers Are Not Entitled to Comp Benefits Proposed Alaska Legislation Would Clarify That Uber and Lyft Drivers Are Not Entitled to Comp BenefitsApplying Kentucky’s “up-the-ladder immunity” doctrine, a state appellate court vacated a trial court’s refusal to grant summary judgment in favor of a defendant corporation that had been sued in tort...
Kentucky Contractor Immune From Suit Filed by Employee of Subcontractor Kentucky Contractor Immune From Suit Filed by Employee of SubcontractorIn a decision that has been not been designated for publication, the Court of Appeals of Virginia held that an employee cured his refusal of selective employment (“light work”) where,...
Virginia Employee Who Cures Light Work Refusal Entitled to Comp Benefits Virginia Employee Who Cures Light Work Refusal Entitled to Comp BenefitsOn Tuesday, a federal district court in Oklahoma, noting that claims arising under the workers’ compensation laws of any state are not removable under 28 U.S.C.A. § 1445(c), held that...
Federal Court Must Sever and Remand Oklahoma Retaliatory Discharge Claim Federal Court Must Sever and Remand Oklahoma Retaliatory Discharge ClaimWhere Claimant sustained a severe sprain to his right shoulder while working as a police officer in 1981 and returned to work without any schedule of loss (“SLU”) or other...
New York: Apportionment Inappropriate Where 1981 Injury Remained Symptomatic But Was Not Disabling New York: Apportionment Inappropriate Where 1981 Injury Remained Symptomatic But Was Not Disabling
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