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, TooMisclassification 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!Conflict with PA’s Protz Decision is Only on the Surface The sections of Oklahoma’s Administrative Workers’ Compensation Act (AWCA) that require use of the “current edition” of the AMA’s Guides...
Oklahoma High Court OKs Use of “Current Edition” of AMA Guides Oklahoma High Court OKs Use of “Current Edition” of AMA GuidesNo Provision for Court-Ordered Fees on Appeal The Court of Appeals of Kansas recently reiterated that because of what amounts to a “Catch-22” in state law and appellate rules, an...
Kansas Claimants’ Attorneys Face “Catch-22” in Appellate Work Kansas Claimants’ Attorneys Face “Catch-22” in Appellate WorkIn a case of first impression within the state, the Supreme Judicial Court of Maine, in a 5-2 decision, Bourgoin v. Twin Rivers Paper Co., LLC, 2018 ME 77, 187...
Maine Employer Need Not Pay for Injured Worker’s Medical Marijuana Maine Employer Need Not Pay for Injured Worker’s Medical MarijuanaA California appellate court found a state trial court committed error when it granted summary judgment to an employer in an employment discrimination case filed by a former employee based...
California: Use of Preprinted C & R Form Does Not Waive Claims Outside Workers’ Comp Context California: Use of Preprinted C & R Form Does Not Waive Claims Outside Workers’ Comp ContextWhere a worker’s compensation insurance policy contained a clause in which the carrier waived its right to recover from any third party sued by the injured employee, that clause also...
Texas Insurer Barred from Going After Third-Party Settlement Proceeds Texas Insurer Barred from Going After Third-Party Settlement ProceedsA 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 Compensable
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