Many disputes over physician choice in workers’ compensation arise when an injured worker seeks treatment from a doctor of his or her own choosing. Hayes v. Christian Retirement Homes, Inc.,...
Iowa Supreme Court: Employer Not Bound by Opinion of Its Own Treating Physician Iowa Supreme Court: Employer Not Bound by Opinion of Its Own Treating PhysicianCourt Applies Massachusetts Law to Maine Injury, Rejects Immunity Defense in Multi-State Staffing Arrangement A New Hampshire contractor that likely would have enjoyed workers’ compensation immunity under Maine law lost...
Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation Immunity Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation ImmunityNew York’s Court of Appeals recently affirmed an Appellate Division order blocking defendants in a personal injury action from using a Workers’ Compensation Board causation determination as collateral estoppel, holding...
NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp Decisions NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp DecisionsIn a case involving a Nebraska truck driver-farm laborer whose treatment for metastatic cancer was allegedly postponed by complications associated with a compensable hip injury and its resulting treatment, the...
Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer Treatment Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer TreatmentA Kansas roofer, who sustained catastrophic injuries when he was struck by a drunk driver as the roofer walked from a bar to his hotel at 2:20 a.m., could not...
Kansas Worker Gets No Benefits For Early Morning Injuries While Walking to Hotel Kansas Worker Gets No Benefits For Early Morning Injuries While Walking to HotelClaimant Fails to Establish Exception to Going and Coming Rule Yesterday, a New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that denied the claim of...
Pre-Shift Assault on NYC Train Conductor at Station Not Compensable Pre-Shift Assault on NYC Train Conductor at Station Not CompensableStrong Subrogation Rights Exist Only as to Payments Made under WCA Acknowledging that an employer/carrier’s outlay of workers’ compensation benefits entitles it to a subrogation lien on any recovery the...
PA High Court Says No Subrogation Allowed Regarding Heart and Lung Benefits PA High Court Says No Subrogation Allowed Regarding Heart and Lung BenefitsDeath Benefits Awarded in Spite of Smoking Habit and High Cholesterol A decision by New York’s Workers’ Compensation Board, which concluded that a construction worker’s death was causally-related to his...
NY Construction Worker’s Fatal Heart Attack Found Compensable NY Construction Worker’s Fatal Heart Attack Found CompensableDriver’s Mileage Reimbursement Did not Constitute “Wages” Reimbursement for mileage driven at rates established by the Internal Revenue Service is not “wages” as defined by Vt. Stat. Ann. tit. 21,...
Vermont “Volunteer” Driver for Transit Authority is not an Employee Vermont “Volunteer” Driver for Transit Authority is not an EmployeeClaim Not Barred, as a Matter of Law, by Going and Coming Rule A county bus driver, who sustained injuries in an auto accident as she traveled to attend a...
Maryland High Court Says Bus Driver’s Accident Traveling to Training Session May Have Been “Special Mission” Maryland High Court Says Bus Driver’s Accident Traveling to Training Session May Have Been “Special Mission”The North Carolina Court of Appeals affirmed the denial of workers’ compensation benefits to a city employee who sustained serious injuries to his right hip, back, and head when he...
NC Employee’s Injuries From Fainting After Toking on E-Cigarette Did Not Arise From the Employment NC Employee’s Injuries From Fainting After Toking on E-Cigarette Did Not Arise From the EmploymentParent Faces “Catch-22”: Wrongful Death Claim Barred by Exclusivity, Yet No Workers’ Comp Benefits Available The Supreme Court of Alaska, in Burke v. Raven Elec., 2018 Alas. LEXIS 64 (May...
Alaska’s High Court Upholds Total Bar of Recovery for Non-Dependent Parents of Deceased Employees Alaska’s High Court Upholds Total Bar of Recovery for Non-Dependent Parents of Deceased EmployeesIn a divided decision, the Supreme Court of Oklahoma reversed a lower court’s finding and held that a pipeline installation worker’s injuries sustained in a vehicular accident while traveling to...
Divided OK Supreme Court Reverses Denial of Claim Involving Travel to Work Site Divided OK Supreme Court Reverses Denial of Claim Involving Travel to Work SiteConstitutional Provision Protecting Only “Immediate” Employers Does Not Limit Immunity In a decision that has important implications for Montana firms that utilize professional employer organizations (“PEOs”) for their labor forces,...
Montana: Both Parties to Employee Leasing Arrangement Enjoy Exclusive Remedy of State’s Workers’ Compensation Act Montana: Both Parties to Employee Leasing Arrangement Enjoy Exclusive Remedy of State’s Workers’ Compensation ActCA Employers: Stock Up on Your W-2s; Recycle Your 1099s In a decision that continues California’s trend toward allowing the designation of a worker as an independent contractor only under...
California High Court Narrows Rule For Classification of Workers as Independent Contractors California High Court Narrows Rule For Classification of Workers as Independent ContractorsHigh Court Says BWC Has Subrogation Interest in Spite of Denial of Claim In a decision that should impact settlement procedures in virtually all personal injury cases within the state...
Ohio Auto Insurers: Beware of Nascent Workers Comp Claims Ohio Auto Insurers: Beware of Nascent Workers Comp Claims
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