In Collins v. Des Moines Area Regional Transit Authority (DART), 2024 Iowa App. LEXIS 918 (Dec. 18, 2024), the Iowa Court of Appeals affirmed denial of workers’ compensation benefits to...
Iowa Court Affirms Denial of Benefits re: COVID-19 Claim Iowa Court Affirms Denial of Benefits re: COVID-19 ClaimIn Spisa-Kline v. Mary Lanning Memorial Hospital, 2024 Neb. App. LEXIS 750 (Dec. 31, 2024), the Nebraska Court of Appeals affirmed summary judgment for the employer in a workers’ compensation...
Nebraska COVID-19 Claim Fails For Want of Expert Medical Evidence Nebraska COVID-19 Claim Fails For Want of Expert Medical EvidenceAppeals Court Examines Going and Coming Rule The Oregon Court of Appeals has reversed and remanded a Workers’ Compensation Board decision that had denied benefits to a worker injured while...
Oregon Jaywalker Might Be Awarded Benefits Oregon Jaywalker Might Be Awarded BenefitsInsurer Had No Duty to Defend Intentional Tort Claim Against Co-Employee In Ortez v. Penn Nat’l Sec. Ins. Co., 2024 N.C. App. LEXIS 1017 (Dec. 17, 2024), the North Carolina...
NC Court of Appeals Reverses $28.9 Million Tort Judgment NC Court of Appeals Reverses $28.9 Million Tort JudgmentA Tennessee Department of Commerce and Insurance ruling–later upheld by a state trial court–that a company was not liable for additional workers’ compensation insurance premiums related to the earnings of...
Tennessee: Appellate Court Says Compensation Paid to Independent Contractors Should Have Been Considered in Computing Insured’s Comp Premiums Tennessee: Appellate Court Says Compensation Paid to Independent Contractors Should Have Been Considered in Computing Insured’s Comp PremiumsConstruing La. Rev. Stat. § 23:1032, which generally provides that workers’ compensation is the exclusive remedy of an employee injured within the course and scope of the employment unless the...
US: Establishing “Substantial Certainty” in Intentional Tort Cases is Difficult US: Establishing “Substantial Certainty” in Intentional Tort Cases is DifficultReversing a decision by the state’s court of appeals, the Supreme Court of South Carolina recently held that direct evidence supported the Workers’ Compensation Commission’s original determination that a certified...
South Carolina Supreme Court Says Nurse Anesthetist Was Employee, Not Independent Contractor South Carolina Supreme Court Says Nurse Anesthetist Was Employee, Not Independent ContractorA federal district court judge ruled yesterday that nine fire department employees may maintain a civil action they had filed under the Racketeer Influenced and Corrupt Organizations [RICO] Act against...
Federal Judge in Phoenix Says RICO Case May Move Forward Federal Judge in Phoenix Says RICO Case May Move ForwardConstruing Wisconsin’s exclusive remedy defense, a federal district court recently refused to dismiss a civil action filed by a former principal against a school district alleging, among other things, intentional...
Federal Court (Wisconsin) Allows IIED Claim to Move Forward; Exclusivity Did Not Apply Since Plaintiff Was On Administrative Leave Federal Court (Wisconsin) Allows IIED Claim to Move Forward; Exclusivity Did Not Apply Since Plaintiff Was On Administrative LeaveConstruing the “traveling employee” rule, the Supreme Court of Illinois, in a divided decision, yesterday held that a worker who took a position with an employer located some 200 miles...
Illinois: Divided High Court Finds Injured Employee was Not a “Traveling Employee” Illinois: Divided High Court Finds Injured Employee was Not a “Traveling Employee”A former basketball player in the Women’s National Basketball Association, who never resided in California, played just one of her 34-game career within the state, and who suffered no specific...
Board Lacks Subject Matter Jurisdiction Where Former WBNA Player Involved in Only One Game During 34-Game Career Board Lacks Subject Matter Jurisdiction Where Former WBNA Player Involved in Only One Game During 34-Game CareerYesterday (December 16), the Supreme Court of Oklahoma rejected an initial constitutional challenge to the controversial overhaul of the state’s workers’ compensation system via Senate Bill 1062, which allows, among...
Oklahoma High Court Rejects Initial Challenge to Opt Out Law Oklahoma High Court Rejects Initial Challenge to Opt Out LawThe Supreme Court of Iowa recently held in relevant part that undocumented workers are not excluded from the Workers’ Compensation Act’s definition of “employee” and that the contract of employment...
Iowa: Undocumented Workers Are Protected by the Workers’ Compensation Act Iowa: Undocumented Workers Are Protected by the Workers’ Compensation ActAs you may know, later this month (Nov. 20–22), attorneys, academics, claims managers, risk consultants, and others will gather at the 22nd Annual National Workers’ Compensation and Disability Conference &...
“Mental-Mental” Claims: Within Which Category Does West Virginia Fall? “Mental-Mental” Claims: Within Which Category Does West Virginia Fall?Reluctantly affirming a decision by a Judge of Compensation Claims that had awarded claimant’s counsel an attorney’s fee of only $164.54 for 107.2 hours of legal work reasonably necessary to...
Florida: First DCA Certifies Constitutional Question After Affirming $165 Fee for 107 Hours of Work Florida: First DCA Certifies Constitutional Question After Affirming $165 Fee for 107 Hours of WorkWhile Scripture may say, “Physician, heal thyself” [Luke 4:23, King James Version], that advice should apparently be avoided by professors of rehabilitation counseling. In a case replete with irony, the...
Virginia: Self-Treatment by Rehab Professor Nixes Benefits for Subsequent Injuries Virginia: Self-Treatment by Rehab Professor Nixes Benefits for Subsequent Injuries
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