In Spade v. Appalachian Regional Healthcare, Inc., 2026 U.S. Dist. LEXIS 49799 (E.D. Ky. Mar. 11, 2026), the United States District Court for the Eastern District of Kentucky granted summary...
Federal Court (E.D. Ky.) Rejects Workers’ Comp Retaliation Claim Despite Sympathetic Facts Federal Court (E.D. Ky.) Rejects Workers’ Comp Retaliation Claim Despite Sympathetic FactsSmall contractors sometimes believe that keeping their payroll lean — two employees instead of three — will keep them outside the reach of the workers’ compensation statute. But the Virginia...
Virginia Court Counts Subcontractor Workers in Coverage Threshold Case Virginia Court Counts Subcontractor Workers in Coverage Threshold CaseIn Garcia v. Director, Office of Workers’ Compensation Programs, 2026 U.S. App. LEXIS 6549 (2d Cir. Mar. 5, 2026), the Second Circuit denied a petition for review filed by a...
Second Circuit Bars Medical Marijuana Reimbursement Under the Longshore Act Second Circuit Bars Medical Marijuana Reimbursement Under the Longshore ActEvery dollar spent on workers’ compensation falls into one of two broad categories: benefits paid to injured workers—medical care and wage replacement—and the costs of delivering those benefits. The second...
New York’s Hidden Cost Problem: WCRI Examines the Price of Delivering Benefits New York’s Hidden Cost Problem: WCRI Examines the Price of Delivering BenefitsIn Recent “Comp” Decisions (the other from Commission), Oklahoma Legislature Is “0 for 2” A provision in Okla. Stat. tit. 85A, § 2(14) that disqualifies a claimant from recovering for...
Oklahoma High Court Strikes Down State’s 180-Day Cumulative Trauma Employment Rule Oklahoma High Court Strikes Down State’s 180-Day Cumulative Trauma Employment RuleEqual Treatment Under the State’s Dual System is “a Water Mirage” This afternoon (Feb. 26, 2016), in a lengthy Commission Order, the Oklahoma Workers’ Compensation Commission found that Sections 203...
Oklahoma Commission Strikes Down State’s Opt Out Law Oklahoma Commission Strikes Down State’s Opt Out LawAn Indiana jury was within its province as factfinder in returning a verdict for more than $400,000 in compensatory and punitive damages against a former employer in a retaliatory discharge...
Facebook® Plays Role in Indiana $400,000 Verdict for Retaliatory Discharge Facebook® Plays Role in Indiana $400,000 Verdict for Retaliatory DischargeA mother’s wrongful death action against her son’s employer was not barred by the exclusive remedy provisions of the Georgia Workers’ Compensation Act (“Act”) where the undisputed facts clearly showed...
Georgia Mother May Sue Deceased Son’s Employer and Staffing Company Where Co-Worker Murderer May Have been Negligently Hired Georgia Mother May Sue Deceased Son’s Employer and Staffing Company Where Co-Worker Murderer May Have been Negligently HiredWhere a father and son were co-employees working at an excavation site and the son was struck in the head with the bucket of a track hoe—the blow causing serious...
Wyoming Father May Sue Employer For Anguish Related to Co-employee Son’s Death Wyoming Father May Sue Employer For Anguish Related to Co-employee Son’s DeathIn what at first blush might appear as a counter-intuitive ruling, an Illinois appellate court has held that a flight attendant who injured her knee on a flight from Denver...
Illinois Court Says Flight Attendant is Not a Traveling Employee While “Commuting” Illinois Court Says Flight Attendant is Not a Traveling Employee While “Commuting”I read with great interest Bob Wilson’s post yesterday signaling that the Tennessee Opt Out “initiative” may be DOA this year. Indeed, I’d been checking Bill Tracking Reports since the...
2016 Opt Out Legislation: Is it as “Inevitable” as Some Have Hoped/Feared? 2016 Opt Out Legislation: Is it as “Inevitable” as Some Have Hoped/Feared?In an opinion not yet designated for publication [see Ireton v. Horizon Mental Health Mgmt., LLC, 2016 Tenn. LEXIS 3 (Jan. 19, 2016), a Tennessee appeals panel affirmed the denial...
Tennessee Nurse’s PTSD Claim Fails In Spite of Flashback to Being Raped As Child Tennessee Nurse’s PTSD Claim Fails In Spite of Flashback to Being Raped As ChildWhere a Mississippi resident contracted coccidiodomycosis (“Valley Fever”) at a job site in California and had received some indemnity and medical benefits under California’s Workers’ Compensation Act (“the Act”), he...
Valley Fever Plaintiff Fails To Establish Comp Insurance Co.’s Extreme or Outrageous Conduct Valley Fever Plaintiff Fails To Establish Comp Insurance Co.’s Extreme or Outrageous ConductWhere an patient’s treating physician dictated a narrative report that became part of the patient’s worker’s compensation claim file indicating that the patient, through a translator, had made threatening statements...
Georgia M.D.’s Medical Report Indicating Claimant Was Threat to Doctor and Staff Not Libelous Georgia M.D.’s Medical Report Indicating Claimant Was Threat to Doctor and Staff Not LibelousAn employer need not accommodate a New Mexico employee’s use of medical marijuana, even when that use is sanctioned under the state’s Compassionate Use Act (“CUA”), held a federal district...
New Mexico Employer Need Not Accommodate Medical Marijuana Use New Mexico Employer Need Not Accommodate Medical Marijuana UseThat an office worker enjoyed walking did not transform her trip to the post office during the workday into recreational activity, held an Oregon appellate court recently in Sedgwick Claims...
Oregon Court Says Walking to Post Office Isn’t “Recreational” Just Because Employee Enjoyed the Activity Oregon Court Says Walking to Post Office Isn’t “Recreational” Just Because Employee Enjoyed the Activity
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