In a decision that reinforces the potential consequences of misrepresenting one’s physical condition, a New York appellate court has upheld the permanent disqualification from wage replacement benefits of a workers’...
NY Court Upholds Permanent Benefits Ban Based on Surveillance Evidence NY Court Upholds Permanent Benefits Ban Based on Surveillance EvidenceIn an unpublished decision, a Kansas appellate court has struck down an employer’s attempt to deny workers’ compensation benefits to an employee who refused a drug test 18 days after...
Drug Test Delay Dooms Kansas Employer’s Attempt to Deny Benefits Drug Test Delay Dooms Kansas Employer’s Attempt to Deny BenefitsIn Matter of Tudor v. Whitehall Cent. Sch. Dist., 2025 N.Y. App. Div. LEXIS 827 (3d Dept., Feb. 13, 2025), the New York Appellate Division, Third Department, affirmed the state...
Cautious Medical Testimony Dooms NY Teacher’s Stroke Claim Cautious Medical Testimony Dooms NY Teacher’s Stroke ClaimA Florida appellate court has ruled that a workers’ compensation carrier’s statutory lien rights extend to all benefits paid through the date of equitable distribution, not merely those paid through...
Florida Workers’ Comp Lien Includes Post-Settlement Benefits Florida Workers’ Comp Lien Includes Post-Settlement BenefitsIn Russell v. Wal-Mart Stores, Inc., 2025 S.C. LEXIS 13 (Jan. 29, 2025), the South Carolina Supreme Court reversed a Workers’ Compensation Commission ruling that denied an injured worker additional...
SC Supreme Court Rebukes Comp Comm’n in Change of Condition Dispute SC Supreme Court Rebukes Comp Comm’n in Change of Condition DisputeIn a case of first impression, an Illinois appellate court has held that work-related pain alone—without accompanying structural change or worsening—can constitute a compensable aggravation of a pre-existing asymptomatic condition...
Illinois: Work-Related Pain from Asymptomatic Preexisting Condition is Compensable Illinois: Work-Related Pain from Asymptomatic Preexisting Condition is CompensableA Georgia appellate court recently reversed a state Workers’ Compensation Board decision that denied temporary total disability (TTD) benefits to an employee who refused light-duty work due to COVID-19 health...
GA Court: Refusal of Light-Duty Work Might Be Justified By COVID-19 Health Concerns GA Court: Refusal of Light-Duty Work Might Be Justified By COVID-19 Health ConcernsWhen Mother Nature Met Workers’ Compensation On Palm Sunday 1965, a devastating series of tornadoes tore through southern Michigan. Among the victims were two workers: Carl Whetro, injured when the...
Throwback Thursday: Whetro v. Awkerman (1970) Throwback Thursday: Whetro v. Awkerman (1970)An Ohio employer cannot be held liable under the doctrine of respondeat superior for an employee’s negligent driving during a commute to work, even where the employee might reasonably be...
“Traveling Employee” Exception Not Applicable in Third-Party Tort Action Against Ohio Employer “Traveling Employee” Exception Not Applicable in Third-Party Tort Action Against Ohio EmployerAn Illinois widow may pursue a civil action against her deceased husband’s employer for his asbestos-related death, even though his exposure occurred decades before a 2019 amendment to the state’s...
IL Supreme Court: Widow Can Sue in Tort Although Husband’s Exposure to Toxins Occurred Before 2019 Legislative Change IL Supreme Court: Widow Can Sue in Tort Although Husband’s Exposure to Toxins Occurred Before 2019 Legislative ChangeBackground In the late 1960s and early 1970s, Robert Booker worked as a laboratory technician at Duke Medical Center in Durham, North Carolina, performing routine chemical tests on blood specimens....
Throwback Thursday: Booker v. Duke Medical Center (1979) Throwback Thursday: Booker v. Duke Medical Center (1979)Passenger’s Attack Just Part of Driver’s “Normal Work Environment” In Matter of Waddy v. Manhattan & Bronx Surface Tr. Auth., 2025 N.Y. App. Div. LEXIS 244 (3rd Dept. Jan. 16,...
No PTSD Benefits for NY City Bus Driver No PTSD Benefits for NY City Bus Driver