Court Applies Massachusetts Law to Maine Injury, Rejects Immunity Defense in Multi-State Staffing Arrangement A New Hampshire contractor that likely would have enjoyed workers’ compensation immunity under Maine law lost...
Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation Immunity Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation ImmunityNew York’s Court of Appeals recently affirmed an Appellate Division order blocking defendants in a personal injury action from using a Workers’ Compensation Board causation determination as collateral estoppel, holding...
NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp Decisions NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp DecisionsIn a case involving a Nebraska truck driver-farm laborer whose treatment for metastatic cancer was allegedly postponed by complications associated with a compensable hip injury and its resulting treatment, the...
Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer Treatment Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer TreatmentA North Carolina district manager who suffered a stroke while preparing for the opening of a restaurant location—and who allegedly waited hours before coworkers summoned emergency assistance—may not pursue negligence...
NC Court of Appeals: Exclusivity Doctrine Bars Negligence Suit Following Workplace Stroke NC Court of Appeals: Exclusivity Doctrine Bars Negligence Suit Following Workplace StrokeA Mississippi pipe fitter, who sustained five broken ribs and a spinal cord injury when he fell a distance of approximately 25 feet from the top of a gum tree...
Boys Will Be Boys: Winning Comp Claim Isn’t as Easy as Falling Out of a Tree Boys Will Be Boys: Winning Comp Claim Isn’t as Easy as Falling Out of a TreeHigh Courts in Several States Strike Down Legislative Challenges to the Heart of the Workers’ Compensation System As we put together last year’s edition of the Workers’ Compensation Emerging Issues Analysis...
The Year of Equal Justice and Due Process The Year of Equal Justice and Due ProcessNo Coverage Where Tortfeasor Was Co-Employee Answering a question certified to it from a federal district court sitting in New Mexico, that state’s Supreme Court held that an employee injured...
New Mexico High Court Blocks Estate’s Attempt to Go After Employer’s Uninsured Motorist Coverage New Mexico High Court Blocks Estate’s Attempt to Go After Employer’s Uninsured Motorist CoverageFor many of us, it’s uncanny. Within a few days of flying on a commercial jet, we come down with some sort of cold or bronchial disorder. Our intuition tells us...
NY Correction Officer Fails to Link Bronchitis to Commercial Airline Flight NY Correction Officer Fails to Link Bronchitis to Commercial Airline FlightOn October 5, 2016, the U.S. Department of Labor released a widely anticipated report on the adequacy of state-based workers’ compensation programs. While the 41-page report does not go as...
Has the Other Shoe Dropped? New Report Signals Feds Are Losing Patience with State Workers’ Compensation Programs Has the Other Shoe Dropped? New Report Signals Feds Are Losing Patience with State Workers’ Compensation ProgramsAppellate Division of Maine’s Comp Board Orders Two Employers to Reimburse Workers for Treatment Costs In two separate decisions, the Appellate Division of Maine’s Workers’ Compensation Board recently affirmed two...
Medical Marijuana: Reasonable and Necessary Medical Treatment for Pain? Medical Marijuana: Reasonable and Necessary Medical Treatment for Pain?Earlier today (September 13, 2016), in Vasquez v. Dillard’s, Inc., 2016 OK 89, in a 7–2 decision, the Supreme Court of Oklahoma, in one of the most important workers’ compensation...
Oklahoma Supreme Court Strikes Down State’s Opt Out Law Oklahoma Supreme Court Strikes Down State’s Opt Out LawIllustrating the deep—and sometimes bitter—divide between some who espouse clinically oriented medical treatment and others that promote the so-called “best practices” guidelines outlined in evidence-based medicine (EBM), a Special Workers’...
510 Pills Per Month With Little Improvement: Tennessee High Court Allows Change of Physician 510 Pills Per Month With Little Improvement: Tennessee High Court Allows Change of PhysicianEarlier today, the Supreme Court of Connecticut released a decision holding that a widow’s bystander emotional distress action filed against her deceased husband’s employer is barred by the exclusive remedy...
Connecticut High Court: Widow’s Bystander Emotional Distress Action Barred by Exclusivity Connecticut High Court: Widow’s Bystander Emotional Distress Action Barred by ExclusivityIn a split decision, the Supreme Court of Ohio held that compensability of the alleged underlying injury is not a required element in a retaliatory discharge action under Ohio Rev....
Ohio High Court Says Injury is Not Required to Support Retaliatory Discharge Claim Ohio High Court Says Injury is Not Required to Support Retaliatory Discharge ClaimDecision Continues Long National Trend to Treat Farm Workers on Par With Other Employees A provision of the New Mexico Workers’ Compensation Act (Act) [N.M. Stat. Ann. § 52–1–6(A) (2015)]...
New Mexico High Court Strikes Down Farm and Ranch Laborer Exclusion New Mexico High Court Strikes Down Farm and Ranch Laborer ExclusionEarlier today (June 9, 2016), a divided Supreme Court of Florida rendered its long-awaited decision in Westphal v. City of St. Petersburg [No. SC13–1976], striking down as unconstitutional the state’s...
Florida High Court Strikes Down 104-Week Limitation on TTD Benefits Florida High Court Strikes Down 104-Week Limitation on TTD Benefits
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