LA Fourth Circuit, 3–2, Holds Dump-Truck Driver Paid 25% of Truck Earnings Was an Employee Despite 1099; Dissent Invokes Manifest-Error Review The Louisiana Court of Appeal, Fourth Circuit recently reversed...
Louisiana Court: Paid a Percentage, Still an Employee Louisiana Court: Paid a Percentage, Still an EmployeeKY Supreme Court Holds the Statutory Presumption Against Recovery for Intoxicating Substances Does Not Apply to Alcohol The Kentucky Supreme Court has affirmed benefits for a traffic flagger who was...
Alcohol Falls Outside KY’s Presumption of Causation Alcohol Falls Outside KY’s Presumption of CausationFL First DCA Holds Harlem’s Narrow “Heart Disease” Definition Does Not Bar a Firefighter’s Arrhythmia Claim Under the Heart-Lung Presumption Florida’s First District Court of Appeal has affirmed an award...
The Heart Has Wiring, Too The Heart Has Wiring, TooOregon Court Applies New Claim-Closure Requirements to Case Pending on Judicial Review The Oregon Court of Appeals has held that 2022 amendments limiting retroactive “medically stationary” determinations apply to a...
“Closed” Under Old Rules, Reprocessed Under New “Closed” Under Old Rules, Reprocessed Under NewFederal Court: Gas Producer That Hired Out Well Casing Is Casing Worker’s Statutory Employer Under Pennsylvania Law A federal district court in Pennsylvania has held that a natural gas producer...
Whose Work Was Being Done? Whose Work Was Being Done?CO Court of Appeals: No “Change in Condition” Reopening Unless Compensability Was Admitted or Determined Before Closure A Colorado appellate court has held that a workers’ compensation claim closed for...
Reopening a Claim Nobody Had Yet Decided Reopening a Claim Nobody Had Yet DecidedPA Commonwealth Court Affirms Employee Status Over Contractor Paperwork, Dissent Presses the Payroll Audit The Commonwealth Court of Pennsylvania, sitting en banc, affirmed a finding that a satellite-dish installer was...
Employee on the Job, Contractor on Paper Employee on the Job, Contractor on PaperD.C.’s Highest Local Court Splits 2-1 on Whether a Single Timely Filing Can Keep a Workers’ Compensation Claim Alive Through a Decade of Silence In a panel decision, the District...
Ten Years, One Claim Ten Years, One ClaimIndiana Holds That Driving at Highway Speed Increased the Risk of a Fainting Spell, Making the Resulting Crash Injuries Compensable The Indiana Court of Appeals has affirmed an award of...
Blackout Behind the Wheel Blackout Behind the WheelState Court Rejects Three Constitutional Theories Against Its Impairment-Rating Statute — Including One Never Tested Before A Pennsylvania appeals court has affirmed a modification from total to partial disability benefits...
PA’s AMA Guides Law Beats Back a New Kind of Challenge PA’s AMA Guides Law Beats Back a New Kind of ChallengeNY's Third Department Affirms the Board's Rejection of a § 114-a Finding Built on Mismatched Database Hits Yesterday, the Appellate Division, Third Department affirmed a Workers' Compensation Board decision finding...
Sixteen “Matches,“ No Fraud Sixteen “Matches,“ No FraudThe Kentucky Supreme Court has held that an employer’s statutory right to recover workers’ compensation benefits from an employee’s third-party settlement takes effect immediately, rejecting an argument that would have...
KY Supreme Court Clarifies Timing of Employer’s Subrogation Credit After Third-Party Settlement KY Supreme Court Clarifies Timing of Employer’s Subrogation Credit After Third-Party Settlement