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 ClaimThe 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 ConditionWithin the context of a Georgia workers’ compensation claim, a meretricious relationship works to deny dependency benefits, even if actual dependency exists, held a state appellate court on Tuesday [see...
In Georgia, Co-Habitation Without Marriage = No Death Benefits In Georgia, Co-Habitation Without Marriage = No Death BenefitsIn a case with bizarre underlying facts, a New York appellate court held a trial court erred in denying an employer’s summary judgment motion in a tort action filed against...
Employer and Co-Employees Not Liable in Tort Following Holiday Party Fatality Employer and Co-Employees Not Liable in Tort Following Holiday Party FatalityWhere a long-haul truck driver kept one of his employer’s tractor-trailer units at his home because he lived near an interstate highway and the employer’s facility was one hour away...
Kentucky Driver Who Keeps Tractor-Trailer Rig at Home is Traveling Employee Kentucky Driver Who Keeps Tractor-Trailer Rig at Home is Traveling EmployeeApportionment Allowed for Prior Nonwork-Related Knee Injury A New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that apportioned a claimant’s 30 percent right leg schedule...
NY Employer Does Not Always Take Employee as it Finds Him NY Employer Does Not Always Take Employee as it Finds Him
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