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 DeathsIn Matter of Mitchell v. Eaton’s Trucking Serv., Inc., 2018 N.Y. App. Div. LEXIS 6806 (3rd Dept., Oct. 11, 2018), a New York appellate court affirmed a decision of the...
Affiliated NY Company Liable for Half of Driver’s Comp Benefits as Special Employer Affiliated NY Company Liable for Half of Driver’s Comp Benefits as Special EmployerWhere an employee was injured in a work-related auto accident, incurred $22,000 in medical expenses, a portion of which was paid pursuant to a workers’ compensation claim and the employee...
Employee’s Medical Bills Not Covered by “Medpay” Provision of Arizona Auto Policy Due to Exclusion for Workers’ Compensation Benefits Employee’s Medical Bills Not Covered by “Medpay” Provision of Arizona Auto Policy Due to Exclusion for Workers’ Compensation BenefitsAn employee, who sustained a shoulder injury as she reached out of her car window to scan her parking pass at a parking garage near her place of employment, did...
NY Employee’s Shoulder Injury While Scanning Parking Pass Not Compensable NY Employee’s Shoulder Injury While Scanning Parking Pass Not CompensableI am pleased to announce the recent publication of my new book entitled, Questions of Faith: Encountering Christ at the Point of Doubt and Confusion [Mazarin Press, Raleigh, NC; additional...
I’ve Written a New Book from the “Other Side” of my Life I’ve Written a New Book from the “Other Side” of my LifeA housekeeping employee at a Las Vegas casino, who suffered a stroke just prior to the beginning of his work shift, and who contended his medical condition was exacerbated when...
Nevada Casino Employee’s Tort Action Against Employer for Delaying Stroke Treatment is Barred by Exclusivity Nevada Casino Employee’s Tort Action Against Employer for Delaying Stroke Treatment is Barred by ExclusivityIf It Weren’t For Bad Luck, She’d Have No Luck at All An Oklahoma workers’ compensation claimant is entitled to additional benefits following a bizarre incident in which she sustained...
Oklahoma Claimant Awarded Additional Benefits After Freak Accident at Medical Facility Oklahoma Claimant Awarded Additional Benefits After Freak Accident at Medical FacilityWhile a workers’ compensation insurer generally enjoys the same sort of immunity from tort liability afforded the employer [see Larson’s Workers’ Compensation Law, § 100.01], there are limits to that...
NC Worker’s Tort Claim Against Insurer for Malicious Prosecution May Move Forward NC Worker’s Tort Claim Against Insurer for Malicious Prosecution May Move ForwardMisclassification of Workers is not Recognized as independent Tort A Maryland cab driver, who sustained injuries in a work-related auto accident, may not maintain a civil action against the cab...
Maryland Cab Driver’s “Misclassification” Action Appropriately Dismissed Maryland Cab Driver’s “Misclassification” Action Appropriately DismissedJettisoning the Bath Water—Does the Baby Remain? As someone who has, for the past 32 years, earned the bulk of his living reading—I’ll admit, often only skimming—some 2,500 appellate decisions...
Recent Kansas AMA Guides Decision: Would the Court Prefer a Fault-Based System? Recent Kansas AMA Guides Decision: Would the Court Prefer a Fault-Based System?Decision Reinstates 4th Edition for Workers’ Comp Disputes In a decision that quotes, among other authority, Linda Loman, wife of Willy Loman, of Arthur Miller’s Death of a Salesman, the...
Kansas Court Strikes Down Use of AMA Guides 6th Ed. Kansas Court Strikes Down Use of AMA Guides 6th Ed.In a case with a bizarre fact pattern, an Alabama appellate court affirmed an award of workers’ compensation death benefits to the surviving spouse of an accountant who was stalked...
Alabama Accountant’s Fatal Shooting by Disgruntled Former Client Found Compensable Alabama Accountant’s Fatal Shooting by Disgruntled Former Client Found CompensableThere are some who point out that LeBron is getting ready to pay the highest taxes in his life (with a $154 million contract, he can afford it), that he...
The Real Reason LeBron is Moving to the Lakers! The Real Reason LeBron is Moving to the Lakers!
New Comments