In a thoughtful and clarifying opinion, the Minnesota Supreme Court has reaffirmed the case-specific nature of the statutory retirement presumption applicable to permanent total disability (PTD) claims under Minn. Stat....
MN High Court Reaffirms Case-Specific Standard in PTD Retirement Presumption Cases MN High Court Reaffirms Case-Specific Standard in PTD Retirement Presumption CasesIntroduction In 1951, the U.S. Supreme Court handed down its decision in O’Leary v. Brown-Pacific-Maxon, Inc., 340 U.S. 504, 71 S.Ct. 470, 95 L.Ed.483 (1951). The case involved a claim...
Throwback Thursday: O’Leary v. Brown-Pacific-Maxon, Inc. (U.S., 1951) Throwback Thursday: O’Leary v. Brown-Pacific-Maxon, Inc. (U.S., 1951)In a ruling that reaffirms Arkansas’ strict interpretation of its “employment services” requirement, the state’s Court of Appeals recently affirmed a Workers’ Compensation Commission decision denying benefits to the family...
Arkansas Court Denies Benefits to Good Samaritan Band Director Arkansas Court Denies Benefits to Good Samaritan Band DirectorIn a decision that further defines the barriers to pursuing civil remedies in workplace injury cases within the Louisiana, a state appellant court recently affirmed summary a trial court judgment...
Louisiana Court Rejects “Borrowed Employee” Theory in Workplace Attack Louisiana Court Rejects “Borrowed Employee” Theory in Workplace AttackA divided Supreme Court of Washington, noting that in Birklid v. Boeing Co., 127 Wn.2d 853, 904 P.2d 278 (1995) [see Larson’s Workers’ Compensation Law, § 103.04[3][c]], it had earlier...
Divided Washington Court Again Refuses to Adopt Substantially Certain Test Divided Washington Court Again Refuses to Adopt Substantially Certain TestOn Wednesday, an Oregon appellate court affirmed the denial of an injured worker’s claim for workers’ compensation benefits on the grounds that she had, without an appropriate reason, failed to...
Oregon Court Affirms Denial of Claim Due to Claimant’s Failure to Cooperate Oregon Court Affirms Denial of Claim Due to Claimant’s Failure to CooperateAn Ohio appellate court recently affirmed a jury’s determination that a home health care nursing director, who sustained injuries in an automobile accident as he drove from a restaurant to...
Ohio Jury Uses MapQuest Data to Help Establish Significance of Claimant’s Deviation from Employment Ohio Jury Uses MapQuest Data to Help Establish Significance of Claimant’s Deviation from EmploymentA California appellate court has sustained a demurrer to a complaint alleging, among other things, intentional infliction of emotional distress filed by a former employee of a car dealership against...
California Court Says Plaintiff’s IIED Claim is Barred by Exclusivity California Court Says Plaintiff’s IIED Claim is Barred by ExclusivityIn a divided decision, the Supreme Court of South Carolina today held that an employee’s injuries sustained in a game of kickball arose out of and in the course of...
Divided SC Supreme Court Says Injuries Sustained Playing Kickball Were Compensable Divided SC Supreme Court Says Injuries Sustained Playing Kickball Were CompensableThe $12,000 cap on claimant’s attorney’s fees contained in KRS 342.320(2)(a) applies to the entire “original claim,” including any interlocutory proceedings, such as as a medical fee dispute, held a...
Kentucky Cap on Claimant Attorney’s Fees Applies In Spite of Multiple Proceedings to Recover Benefits Kentucky Cap on Claimant Attorney’s Fees Applies In Spite of Multiple Proceedings to Recover BenefitsAn oral agreement whereby one party (Cornett) was allowed to board horses on property owned by another (Schumacher) and pay the latter a portion of the boarding fees received as...
Informal Arrangement Regarding Boarding of Horses Did not Create Employer-Employee Relationship Informal Arrangement Regarding Boarding of Horses Did not Create Employer-Employee RelationshipWhere the only conditions precedent to receiving an annual bonus was simply being an “active employee on November 30th of the year the bonus was paid and the condition precedent...
Annual Service Bonus is Part of Iowa Employee’s Average Weekly Wage Computation Annual Service Bonus is Part of Iowa Employee’s Average Weekly Wage ComputationA Louisiana appellate court has affirmed an Order of the state’s Office of Workers’ Compensation that heavily sanctioned a workers’ compensation claimant for fraud in violation of La. R. S....
Louisiana Claimant Gets Hit With Forfeiture of Benefits and Stiff Penalties for Misrepresentations Louisiana Claimant Gets Hit With Forfeiture of Benefits and Stiff Penalties for MisrepresentationsThe Supreme Court of Nebraska recently held that for purposes of assigning liability among several employers for a dental hygienist’s repetitive trauma injury, the injury manifested itself on the day...
Nebraska High Court Clarifies “Manifestation” Date in Repetitive Trauma Cases Nebraska High Court Clarifies “Manifestation” Date in Repetitive Trauma CasesAcknowledging that agitation and physical aggression are common late-stage symptoms of Alzheimer’s disease, that injuries to caregivers are not unusual, and that California and other jurisdictions had previously established the...
Divided California Supreme Court Says In-Home Caregivers May Not Sue Alzheimer’s Patients For Injuries Divided California Supreme Court Says In-Home Caregivers May Not Sue Alzheimer’s Patients For InjuriesOn Friday, the Supreme Court of Alaska, in Harris v. Millennium Hotel, 2014 Alas. LEXIS 149 (July 25, 2014), held that the state’s workers’ compensation death benefits statute, Alaska Stat....
Alaska: Same-Sex Partner of Deceased Worker Entitled to Death Benefits In Spite of State’s “Marriage Amendment” Alaska: Same-Sex Partner of Deceased Worker Entitled to Death Benefits In Spite of State’s “Marriage Amendment”
New Comments