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, TooA worker, who sustained severe injuries, including a left-hand amputation and major depressive disorder, while performing routine maintenance on the employer’s conveyor belt system, is not entitled to additional compensation...
Ohio Commission Erred in Assessing Penalties Against Employer for Safety Violations Ohio Commission Erred in Assessing Penalties Against Employer for Safety ViolationsIn what some may view as insult added to injury, an unemployed New Jersey firefighter, who sustained significant injuries to her leg when she slipped and fell on ice as...
Unemployed Volunteer Firefighter Denied TD Benefits Unemployed Volunteer Firefighter Denied TD BenefitsYesterday, in an eagerly awaited decision, Vitale v. Schering-Plough Corp., Case No. A-20-16 (Dec. 11, 2017), the Supreme Court of New Jersey held that a disclaimer in an employment agreement...
NJ High Court Strikes Down Employment Contract Clauses Waiving Third-Party Claims NJ High Court Strikes Down Employment Contract Clauses Waiving Third-Party ClaimsVirginia Employer Need Not Provide Specialized “Running Blade” Prosthesis While all but a few American jurisdictions require employers to provide medical benefits that are essentially unlimited in terms of duration...
Medical Benefits Must be “Reasonable and Necessary”—Not Just Beneficial Medical Benefits Must be “Reasonable and Necessary”—Not Just BeneficialThe Virginia Workers’ Compensation Commission did not err when it found that a state trooper’s PTSD did not arise out of and in the course of his employment [Hess v....
Virginia Court Reiterates Objective Standard For PTSD Claims Virginia Court Reiterates Objective Standard For PTSD ClaimsAn officer of a Florida corporation, who elected to be exempt from workers’ compensation coverage [see § 440.02(15)(b)(1), Fla. Stat. (2008)], and whose “employing” corporation was a subcontractor on a...
Exempt Florida Corporate Officer of Subcontractor Barred From Suing General Contractor Exempt Florida Corporate Officer of Subcontractor Barred From Suing General ContractorStressing that the weighing of expert medical evidence is the province of the state’s Workers’ Compensation Commission—and not the appellate courts—the Court of Appeals of Mississippi affirmed a decision awarding...
MS Worker’s Staph Infection Was Causally Connected to Epidural Injections for Back Injury MS Worker’s Staph Infection Was Causally Connected to Epidural Injections for Back InjuryDeath Benefits Claim Barred by Going and Coming Rule In spite of (1) an employer’s designation of an employee as a “field electrician”; (2) the employer’s payment of a $75...
Texas Electrician Was Not Traveling Employee In Spite of Weekly Stipend Texas Electrician Was Not Traveling Employee In Spite of Weekly StipendWhere a California employee alleged facts showing that she was raped while working on the employer’s premises by a drunk nonemployee trespasser, that the employer knew or should have known...
Raped California Hotel Employee May Proceed Against Employer under State’s Fair Employment and Housing Act Raped California Hotel Employee May Proceed Against Employer under State’s Fair Employment and Housing ActWhere owners of a roofing business rushed to an insurance agent and procured a workers’ compensation insurance policy just after an employee was taken to a hospital for treatment of...
SC Workers’ Comp Insurance Policy Procured After Injury is Void SC Workers’ Comp Insurance Policy Procured After Injury is Void“White Coat” Syndrome Could Explain Isolated Reading As do a number of states, Florida provides a specialized presumption of compensability favoring certain law enforcement officers [see § 112.18(1), Fla. Stat.]....
Florida: Abnormal Pre-Employment BP Reading Does Not Mean Loss of Presumption of Compensability Florida: Abnormal Pre-Employment BP Reading Does Not Mean Loss of Presumption of CompensabilityWhere an injured employee’s medical history and medications raised a fact issue about the possible role of risks personal to the employee in an otherwise unexplained fall, the employee was...
Ohio Claimant Has Burden of Showing Unexplained Fall Was Not Caused by Idiopathic Condition Ohio Claimant Has Burden of Showing Unexplained Fall Was Not Caused by Idiopathic Condition
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