IA Reads No Suitability Requirement into § 85.34(2)(v) The Iowa Court of Appeals affirmed a commissioner’s decision limiting a drywall worker’s permanent partial disability recovery to his functional impairment after...
Offer of Higher-Paying Work Limits Permanent Disability Award Offer of Higher-Paying Work Limits Permanent Disability AwardSubway Cleaner Who Witnessed a Platform Injury A New York appellate court recently affirmed a Workers’ Compensation Board decision disallowing a subway-station cleaner’s PTSD claim after he witnessed a woman’s...
NY PTSD Claim Fails Under Pre-Amendment Stress Standard NY PTSD Claim Fails Under Pre-Amendment Stress StandardAL Supreme Court: HR’s Role Was a Jury Question The Alabama Supreme Court, by a 5–4 vote, affirmed liability for retaliatory discharge where the evidence permitted a jury to find...
Who Made the Firing Decision? Alabama Court Upholds Retaliation Finding Who Made the Firing Decision? Alabama Court Upholds Retaliation FindingNY Bus Driver’s Crash and Arrhythmia A New York appellate court has affirmed a Workers’ Compensation Board finding that a school bus driver’s injuries and death arose out of his...
Uncertain Cardiac Sequence Does Not Defeat NY Bus Driver’s Claim Uncertain Cardiac Sequence Does Not Defeat NY Bus Driver’s ClaimA provision in the West Virginia Workers’ Compensation Act [W. Va. Code § 23–4–1e(b)] that prohibits an inmate housed at a state work release center from receiving workers’ compensation benefits...
West Virginia Statute Barring Comp Benefits for Many—But Not All—Work Release Inmates is Constitutional West Virginia Statute Barring Comp Benefits for Many—But Not All—Work Release Inmates is ConstitutionalI should have noted this earlier, but anyone still holding his or her breath as to whether Arkansas might pass workers’ compensation opt out legislation during the Legislature’s 2017 session...
Those Holding Their Breath for Arkansas Opt Out Legislation Can Exhale Those Holding Their Breath for Arkansas Opt Out Legislation Can ExhaleWhere a workers’ compensation benefits claimant initially returned to work in a modified-duty position at no loss of wages and subsequently accepted a permanent light-duty position that the employer had...
PA Employer Establishes Worker’s Loss of Earnings Claim by Creating Special Job That Paid Less PA Employer Establishes Worker’s Loss of Earnings Claim by Creating Special Job That Paid LessHas the State Established New Weight-Loss Program for Workers? Emphasizing that within the Colorado workers’ compensation scheme, the employer does not necessarily take the employee as it finds him (or...
Colorado Court Apportions Two-Thirds of Occupational Disease Claim to Overweight Mechanic Colorado Court Apportions Two-Thirds of Occupational Disease Claim to Overweight MechanicIn a split decision, a Mississippi appellate court reversed an order of the state’s Workers’ Compensation Commission that had granted an employer’s motion to reopen and vacate a prior order...
Death of Mississippi Worker Does Not Negate Settlement Agreement Death of Mississippi Worker Does Not Negate Settlement AgreementAward for Loss of Four Fingers and Thumb Exceeds That of Entire Hand In a divided decision, a New York appellate court affirmed an amended decision of the state’s Workers’...
The Whole is Greater than the Sum of its Parts: Not in New York Amputation Case The Whole is Greater than the Sum of its Parts: Not in New York Amputation CaseWhere the State of Arizona, through its Department of Corrections, had an ongoing duty to insure that inmates received adequate health services and it contracted with an employment services provider...
Arizona Social Worker Employed At Prison May Not Sue State for Slip and Fall Injuries Arizona Social Worker Employed At Prison May Not Sue State for Slip and Fall InjuriesWhere the opinion offered by an employee’s medical expert merely disagreed with the medical impairment registry (MIR) physician’s findings, yet did not show how that the MIR physician had used...
Disagreement Does Not Equal Clear and Convincing Evidence That Tennessee MIR Physician’s Opinion was Wrong Disagreement Does Not Equal Clear and Convincing Evidence That Tennessee MIR Physician’s Opinion was WrongWhere a New Jersey resident filed an online application for employment with a New York furniture company, received a phone call at his home to arrange an interview at the...
New Jersey Has Jurisdiction to Hear Claim for Out-of-State Injury Where Employment Contract Completed Within the State New Jersey Has Jurisdiction to Hear Claim for Out-of-State Injury Where Employment Contract Completed Within the StateA Florida appellate court ruled that a state judge of compensation claims erred when the JCC awarded benefits to a correctional officer under the state’s Heart-Lung statute, which generally provides...
Florida Correctional Department Successfully Rebuts Heart-Lung Presumption Florida Correctional Department Successfully Rebuts Heart-Lung PresumptionAs I indicated here in an earlier post (March 29, 2017), the Arkansas workers’ compensation “opt out” bill exists only as a shell, with literally no details contained in 2017...
Arkansas Opt-Out Scenario—Still No Text in the Introduced Bill Arkansas Opt-Out Scenario—Still No Text in the Introduced BillIn a case that echoes the plight of all too many injured workers in the U.S., the Supreme Court of Tennessee has overturned a decision of a state chancery court...
Tennessee Widow Loses Battle Related to Injured Worker’s Overdose Death Tennessee Widow Loses Battle Related to Injured Worker’s Overdose Death
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