Category: Case comment

Nov 5, 2024

Iowa: Death Benefits Awarded Where Evidence of Suicide Found Insufficient

The Iowa Court of Appeals recently affirmed a workers’ compensation commissioner’s decision awarding death benefits to a surviving spouse, finding substantial evidence supported the commissioner’s determination that the worker’s fatal...

Iowa: Death Benefits Awarded Where Evidence of Suicide Found Insufficient Iowa: Death Benefits Awarded Where Evidence of Suicide Found Insufficient
Oct 28, 2024

IL Appellate Court Awards TPD Benefits Under Odd-Lot Doctrine

Last week, in an unpublished decision, an Illinois appellate court reversed a Workers’ Compensation Commission’s denial of permanent total disability benefits, holding that a 77-year-old bus driver qualified for benefits...

IL Appellate Court Awards TPD Benefits Under Odd-Lot Doctrine IL Appellate Court Awards TPD Benefits Under Odd-Lot Doctrine
Oct 25, 2024

KY High Court: Injuries Sustained in Las Vegas Slip and Fall While Shopping are Compensable

Yesterday, relying heavily upon the discussion of the “traveling employee exception” to the going and coming rule found in Larson’s Workers’ Compensation Law, the Kentucky Supreme Court affirmed decisions of...

KY High Court: Injuries Sustained in Las Vegas Slip and Fall While Shopping are Compensable KY High Court: Injuries Sustained in Las Vegas Slip and Fall While Shopping are Compensable
Oct 21, 2024

Kansas Court Affirms Out-of-State Injury Compensable Under Kansas Comp Act

Last Friday, the Kansas Court of Appeals affirmed a decision of the state’s Workers Compensation Board awarding additional benefits under the Kansas Workers’ Compensation Act to a nurse who moved...

Kansas Court Affirms Out-of-State Injury Compensable Under Kansas Comp Act Kansas Court Affirms Out-of-State Injury Compensable Under Kansas Comp Act
Oct 21, 2024

PA Court Says IRE Physicians Should Consider Conditions Beyond Accepted Injury Description

Last Thursday, the Commonwealth Court affirmed a Workers’ Compensation Appeal Board’s ruling that rejected a physician's impairment rating evaluation (IRE) because the physician had failed to consider conditions beyond the...

PA Court Says IRE Physicians Should Consider Conditions Beyond Accepted Injury Description PA Court Says IRE Physicians Should Consider Conditions Beyond Accepted Injury Description
Oct 15, 2024

Ohio’s Firefighter Cancer Presumption is Difficult to Rebut

In a recent decision that closely mirrors an earlier case, the Ohio Court of Appeals (Tenth Appellate District) has further solidified the strength of statutory presumptions favoring firefighters in cancer-related...

Ohio’s Firefighter Cancer Presumption is Difficult to Rebut Ohio’s Firefighter Cancer Presumption is Difficult to Rebut
Oct 14, 2024

NY Worker’s Claim Found Compensable Despite Severe Intoxication

In a decision that emphasizes the high bar for denying workers’ compensation claims in New York based on employee intoxication, a state appellate court recently affirmed a ruling by the...

NY Worker’s Claim Found Compensable Despite Severe Intoxication NY Worker’s Claim Found Compensable Despite Severe Intoxication
Oct 11, 2024

NY Court Affirms COVID-19 Death Benefits for Paratransit Operator

New York’s De Facto “Prevalence” Approach In a decision that further clarifies New York’s approach to COVID-19 workers’ compensation claims, the Appellate Division, Third Department, has affirmed an award of...

NY Court Affirms COVID-19 Death Benefits for Paratransit Operator NY Court Affirms COVID-19 Death Benefits for Paratransit Operator
Oct 10, 2024

Arkansas Court Rejects Use of “Going and Coming” Rule in Tort Case

Yesterday, in Skala v. Comfort Sys. USA, Inc. Comfort Sys. USA Ark., Inc., 2024 Ark. App. LEXIS 522 (Oct. 9, 2024), the Arkansas Court of Appeals reversed a circuit court’s...

Arkansas Court Rejects Use of “Going and Coming” Rule in Tort Case Arkansas Court Rejects Use of “Going and Coming” Rule in Tort Case
Oct 8, 2024

Georgia: Workplace Shooting Did not Arise Out of Employment

Wrongful Death Action Against Employer May Proceed In a case with a rather bizarre fact pattern involving an all-too-common workplace tragedy—a fatal shooting—the Georgia Court of Appeals has reversed a...

Georgia: Workplace Shooting Did not Arise Out of Employment Georgia: Workplace Shooting Did not Arise Out of Employment
Oct 7, 2024

NY Claimant’s “Personal Experience” Doesn’t Make Him a Medical Expert

A New York appellate court recently rejected a claimant’s attempt to establish himself as a medical expert based on his personal experience with multiple medical procedures and online research [DiPippo...

NY Claimant’s “Personal Experience” Doesn’t Make Him a Medical Expert NY Claimant’s “Personal Experience” Doesn’t Make Him a Medical Expert
Oct 3, 2024

Colorado: Injured Employee May Proceed Against Employer’s UM/UIM Carrier

Answering a question certified to it by the U.S. District Court for the District of Colorado, the Supreme Court of Colorado held that an employee who receives workers’ compensation benefits...

Colorado: Injured Employee May Proceed Against Employer’s UM/UIM Carrier Colorado: Injured Employee May Proceed Against Employer’s UM/UIM Carrier