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, TooUnsuccessful Job Applicant Sought to Utilize Statute After Passing Drug Test, But Not Getting Job § 440.102, Fla. Stat., which establishes a drug-free workplace program as part of Florida’s overall...
Florida Comp Act’s Drug-Free Workplace Program Statute Provides no Private Right of Action Florida Comp Act’s Drug-Free Workplace Program Statute Provides no Private Right of ActionAnimal Farm Logic: “All [workers] are equal, but some [workers] are more equal than others.” House Bill 40, which would provide workers’ compensation benefits for post-traumatic stress disorders (PTSD), but...
Kentucky Considers PTSD Benefits—but Only for First Responders Kentucky Considers PTSD Benefits—but Only for First RespondersAnnual “Bizarre” List Began More Than 30 Years Ago More than 30 years ago, my mentor, Dr. Arthur Larson, and I began a quirky New Year’s tradition. Early one January...
The Top 10 Bizarre Workers’ Comp Cases for 2018 The Top 10 Bizarre Workers’ Comp Cases for 2018An Ohio appellant court recently held that the state’s Bureau of Workers’ Compensation (“BWC”) was immune from tort liability in a civil action filed against it by the estate of...
Ohio Bureau of Workers’ Comp Immune From Tort Liability for Alleged Faulty Inspections Ohio Bureau of Workers’ Comp Immune From Tort Liability for Alleged Faulty InspectionsA determination by the New York Workers’ Compensation Board that a claimant made false representations regarding material facts in violation of N.Y. Workers’ Comp. Law § 114-a was supported by...
Video Surveillance & Social Media Result in Misconduct Finding by NY Board Video Surveillance & Social Media Result in Misconduct Finding by NY BoardThe grant of immunity afforded to subcontractors enrolled in an Ohio contractor’s self-insurance plan [see Ohio Rev. Code Ann. § 4123.35(O)] from claims by employees of another enrolled subcontractor does...
Immunity Afforded to Ohio Subcontractors Under Contractor’s Self-Insurance Plan is Constitutional Immunity Afforded to Ohio Subcontractors Under Contractor’s Self-Insurance Plan is ConstitutionalIn a deeply divided (5-4) decision, the Supreme Court of Oklahoma recently held that a provision in the state’s workers’ compensation law [Okla. Stat. tit. 85A, § 89] allowing an...
Deeply Divided Oklahoma High Court Says Reduction of PPD Allowed Where Employer Paid Full Wages During Police Officer’s Disability Period Deeply Divided Oklahoma High Court Says Reduction of PPD Allowed Where Employer Paid Full Wages During Police Officer’s Disability PeriodIn an ancient decision (one year older than me), Day v. Day, 216 S.C. 334, 58 S.E.2d 83 (1950), the Supreme Court of South Carolina, reflecting the general moral mindset...
South Carolina: In Dependency Case, Commission May Not Presume “Fornication” Occurred South Carolina: In Dependency Case, Commission May Not Presume “Fornication” OccurredIn Nevada, under Nev. Rev. Stat. § 616B.578, in order for an employer to receive reimbursement from the state’s “Subsequent Injury Account,” it must prove that that it had knowledge...
Nevada Employer Need Not Show Knowledge of Specific Medical Diagnosis to Recover from Subsequent Injury Fund Nevada Employer Need Not Show Knowledge of Specific Medical Diagnosis to Recover from Subsequent Injury FundThe Supreme Court of North Dakota recently affirmed an ALJ’s finding that the filing of a worker’s claim some 29 months after the work incident was not timely, and, therefore,...
29-Month Delay in Filing North Dakota Claim Bars Recovery 29-Month Delay in Filing North Dakota Claim Bars RecoveryIn a divided decision, a New York appellate court recently held that the state’s Workers’ Compensation Board abused its discretion when it excluded from the record a physician’s medical report...
New York Court Says Attorney’s Ex Parte Text Message to Physician Was Harmless New York Court Says Attorney’s Ex Parte Text Message to Physician Was HarmlessIn the Foreword of our forthcoming Workers’ Compensation Emerging Issues Analysis, 6th Edition [LexisNexis], due out in a few weeks, I note that in contrast to 2017, this year has...
2018’s Top 10 Workers’ Compensation Cases 2018’s Top 10 Workers’ Compensation Cases
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