PA Court Finds a 15-Minute Break’s Brevity Outweighs Its Formality The Commonwealth Court of Pennsylvania recently affirmed an award of workers’ compensation benefits to a pharmacy technician struck by a...
Personal Comfort Doctrine Reaches a Formal, Unpaid Break Personal Comfort Doctrine Reaches a Formal, Unpaid BreakIdaho Federal Court Finds Surveillance and a Full-Duty Release Defeat Workers' Comp Retaliatory Discharge Claim The U.S. District Court for the District of Idaho recently granted summary judgment for a...
Trucker’s Retaliation Claim Runs Aground in His Own Hay Field Trucker’s Retaliation Claim Runs Aground in His Own Hay FieldRisk-Exposure Evidence Alone Can Establish the Causal Link, Justices Hold Last Thursday, In a unanimous decision authored by Justice Muñiz, the Supreme Court of Florida held that a workplace assault...
FL High Court Rejects Motive Requirement for Workplace Assault Claims FL High Court Rejects Motive Requirement for Workplace Assault ClaimsSupervisors Who Allegedly Blocked Exits Fell Outside the Workers’ Comp Act’s Exclusive Remedy The Kentucky Court of Appeals has revived tort claims brought by survivors of the December 2021 tornado...
KY Court Revives Tort Claims From Mayfield Candle Factory Tornado Deaths KY Court Revives Tort Claims From Mayfield Candle Factory Tornado DeathsThe Supreme Court of Wyoming affirmed a finding by a state district court that an injured worker failed to establish a causal connection between her 2013 need for shoulder surgery...
Wyoming Worker Fails to Connect the Dots Between Original Surgery and Subsequent Procedure to Alleviate Continued Pain Wyoming Worker Fails to Connect the Dots Between Original Surgery and Subsequent Procedure to Alleviate Continued PainAn Ohio appellate court affirmed a trial court’s finding that injuries sustained by an employee when she slipped and fell while descending a stairway as she left her employer’s HR...
Ohio Employee’s Personal Delivery of FMLA Documents Was Not in Course and Scope of Employment Ohio Employee’s Personal Delivery of FMLA Documents Was Not in Course and Scope of EmploymentNebraska Worker’s Death From Apparent Suicide is Not Compensable In a case that is heartbreaking from multiple points of view, the family of an injured Nebraska employee was denied workers’...
Like Oil & Water, Oxycodone and Xanax Don’t Mix Like Oil & Water, Oxycodone and Xanax Don’t MixA debtor’s workers’ compensation experience rating is the sort of “interest” of which the debtor’s assets can be sold free and clear, under § 363 of the U.S. Bankruptcy Code,...
NCCI May Not Impose Bankrupt Staffing Company’s Experience Rating on Purchaser in Court-Approved Sale of Assets NCCI May Not Impose Bankrupt Staffing Company’s Experience Rating on Purchaser in Court-Approved Sale of AssetsIn the past few years, a great deal of appropriate attention has been spent pondering various ways in which access to medical care could be improved for injured workers. Various...
National Conference Session Points to Increase Use of Telemedicine for Injured Workers National Conference Session Points to Increase Use of Telemedicine for Injured WorkersA Louisiana appellate court affirmed, in relevant part, a ruling by a state workers’ compensation judge that a worker sustained an accidental injury arising out of and in the course...
Lousiana Court Sustains Worker’s West Nile Virus Claim as Accidental Injury Lousiana Court Sustains Worker’s West Nile Virus Claim as Accidental InjuryMartin Klug’s New Book Provides Important Insight During a famous incident that occurred in Sicily during August 1943, General George S. Patton, in two separate incidents, slapped U.S. Army privates...
Book Review: Does Pop Culture’s PTSD Discussion Give You Combat Fatigue? Book Review: Does Pop Culture’s PTSD Discussion Give You Combat Fatigue?Tennessee Appeals Panel Affirms $27K Attorney’s Fee Related to $187 Medical Claim In Grissom v. UPS, 2017 Tenn. LEXIS 4 (Jan. 9, 2017), the Special Workers’ Compensation Appeals Panel of the...
Memo to Worker’ Comp Carrier: Standing on Your Rights Can Result in Scorched Feet Memo to Worker’ Comp Carrier: Standing on Your Rights Can Result in Scorched FeetA New York appellate court has agreed with Wendy White, prominent opera singer at the Metropolitan Opera House at Lincoln Center (“the Met”), that White is not an employee and,...
“Star” Opera Singer is not Employee of the Metropolitan Opera House “Star” Opera Singer is not Employee of the Metropolitan Opera HouseAs most of us are aware, OSHA’s final rule regarding, inter alia, anti-retaliation protections within the workplace was published May 12, 2016. Technically effective on August 10, 2016, OSHA delayed...
Ohio Decision Illustrates Conflict Between OSHA’s New Anti-Retaliation Rule and Drug-Free Workplace Policies Ohio Decision Illustrates Conflict Between OSHA’s New Anti-Retaliation Rule and Drug-Free Workplace Policies© Copyright 2016. Thomas A. Robinson. All rights reserved. For reprint permission, contact tom@workcompwriter.com. For the past ten Decembers or so, I have annually compiled what I think are the...
The Top 10 Bizarre Workers’ Comp Cases for 2016 The Top 10 Bizarre Workers’ Comp Cases for 2016A Nebraska county court lacked subject matter jurisdiction when it conducted a subrogation hearing to determine a workers’ compensation insurer’s interest in a wrongful death settlement that had been reached...
Nebraska County Courts Lack Jurisdiction to Determine Comp Insurer’s Subrogation Interest Nebraska County Courts Lack Jurisdiction to Determine Comp Insurer’s Subrogation Interest
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