IA Reads No Suitability Requirement into § 85.34(2)(v) The Iowa Court of Appeals affirmed a commissioner’s decision limiting a drywall worker’s permanent partial disability recovery to his functional impairment after...
Offer of Higher-Paying Work Limits Permanent Disability Award Offer of Higher-Paying Work Limits Permanent Disability AwardSubway Cleaner Who Witnessed a Platform Injury A New York appellate court recently affirmed a Workers’ Compensation Board decision disallowing a subway-station cleaner’s PTSD claim after he witnessed a woman’s...
NY PTSD Claim Fails Under Pre-Amendment Stress Standard NY PTSD Claim Fails Under Pre-Amendment Stress StandardAL Supreme Court: HR’s Role Was a Jury Question The Alabama Supreme Court, by a 5–4 vote, affirmed liability for retaliatory discharge where the evidence permitted a jury to find...
Who Made the Firing Decision? Alabama Court Upholds Retaliation Finding Who Made the Firing Decision? Alabama Court Upholds Retaliation FindingNY Bus Driver’s Crash and Arrhythmia A New York appellate court has affirmed a Workers’ Compensation Board finding that a school bus driver’s injuries and death arose out of his...
Uncertain Cardiac Sequence Does Not Defeat NY Bus Driver’s Claim Uncertain Cardiac Sequence Does Not Defeat NY Bus Driver’s ClaimA bus driver, who sustained serious injuries in an accident in which his bus was struck from behind, causing it to careen against a guard rail and then flip over,...
Virginia Bus Driver’s Failure to Wear Seat Belt Constituted Willful Misconduct Virginia Bus Driver’s Failure to Wear Seat Belt Constituted Willful MisconductIn 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 Compensable
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