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 DeathsA person in the status of a traveling employee is continuously within the course and scope of the employment while traveling, except when the person is engaged in a distinct...
Oregon: Traveling Employee’s Death While Returning From Shopping Trip Was Not Compensable Oregon: Traveling Employee’s Death While Returning From Shopping Trip Was Not CompensableIn Haller v. Champlain College, 2017 VT 86, 2017 Vt. LEXIS 107 (Sept. 29, 2017), a divided Supreme Court of Vermont affirmed a determination by the Commissioner of the state’s Department...
Vermont College’s “Tuition Benefit” Should Be Used in Average Weekly Wage Computation Vermont College’s “Tuition Benefit” Should Be Used in Average Weekly Wage ComputationYesterday (Oct. 3, 2017), in a divided decision, the Supreme Court of Oklahoma struck down Okla. Stat. tit. 85A, § 57 of the Administrative Workers’ Compensation Act (AWCA), which disqualifies...
Another One Bites the Dust: Oklahoma Supreme Court Kills Provision of State’s Workers’ Comp Act Another One Bites the Dust: Oklahoma Supreme Court Kills Provision of State’s Workers’ Comp ActYesterday (October 2, 2017), a cadre of 29 Pennsylvania legislators introduced a bill—House Bill 1840—that would require physicians to apply the methodology set forth in “the sixth edition” of the...
PA Legislative Bill Would Require Use of 6th Edition of AMA Guides PA Legislative Bill Would Require Use of 6th Edition of AMA GuidesIn Young v. Station 27, Inc., 2017 OK 68, 2017 Okla. LEXIS 69 (Sept. 12, 2017), the Supreme Court of Oklahoma finessed the constitutionality of the state’s current retaliatory discharge...
Oklahoma High Court Finesses Constitutional Issue as to Retaliatory Discharge Statute Oklahoma High Court Finesses Constitutional Issue as to Retaliatory Discharge StatuteDuring September of each of the past five years, my colleague, Robin Kobayashi, and I have pulled together a volume entitled, Workers’ Compensation Emerging Issues Analysis. Annually published by LexisNexis®,...
2017’s Top 10 Workers’ Compensation Cases 2017’s Top 10 Workers’ Compensation CasesIn a case that highlights some of the bitter infighting going on in Illinois regarding the state’s workers’ compensation system, the Seventh Circuit Court of Appeals affirmed a decision of...
Seventh Circuit Sustains Illinois Governor’s Action in Refusing to Reappoint Arbitrators Seventh Circuit Sustains Illinois Governor’s Action in Refusing to Reappoint ArbitratorsSaves Hospital $600,000 in Lost Reimbursement Stressing that a rule or regulation adopted by an administrative agency can only be given binding legal effect if the agency complies with the...
Kansas Court Strikes Words “Accidentally” Introduced into Medical Fee Schedule Kansas Court Strikes Words “Accidentally” Introduced into Medical Fee ScheduleWhat if Employers Are Willing to Give Up Exclusive Remedy Defense? In his typically lucid and engaging style, Bob Wilson mused in his post this morning that the employer opt...
Bob Wilson May Have a “Cluttered Desk;” His Prediction of Opt Out Reprise is Spot On! Bob Wilson May Have a “Cluttered Desk;” His Prediction of Opt Out Reprise is Spot On!In a case of first impression, the 8th Circuit Court of Appeals affirmed a U.S. District Court decision that had dismissed a widow’s civil action seeking a declaration that N.D....
Eighth Circuit: North Dakota Need Not Substitute Colorado’s More Generous Death Benefits Rules for Claim Filed in the Peace Garden State Eighth Circuit: North Dakota Need Not Substitute Colorado’s More Generous Death Benefits Rules for Claim Filed in the Peace Garden StateA Florida appellate court held that misrepresentations regarding a claimant’s medical history can disqualify the claimant from receiving benefits even if there is no direct link between the allegedly false...
Florida MDs Have No Duty to “Cross-Examine” Workers’ Comp Claimant Regarding Known Misrepresentations Florida MDs Have No Duty to “Cross-Examine” Workers’ Comp Claimant Regarding Known MisrepresentationsYesterday, in a divided decision, the Court of Appeals of Mississippi reversed a decision by the state’s Workers’ Compensation Commission (“Commission”) that had denied an employee’s workers’ compensation claim because...
Mississippi Commission’s Decision to Deny Claim Because of Employee’s “Refusal” to Take Breathalyzer Test Cannot Stand Mississippi Commission’s Decision to Deny Claim Because of Employee’s “Refusal” to Take Breathalyzer Test Cannot Stand
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