Tenth District Distinguishes AutoZone Where Surgery, Not Retirement, Came First The Tenth District Court of Appeals for Franklin County has granted a writ of mandamus ordering the Industrial Commission of...
Ohio Court: Retirement Doesn’t Sever TTD Eligibility When the Claimant Was Already Disabled Ohio Court: Retirement Doesn’t Sever TTD Eligibility When the Claimant Was Already DisabledAppeals Court Affirms $12,000 Penalty for Licensing Lapse The Texas Court of Appeals for the Fifteenth District affirmed a $12,000 administrative penalty against a chiropractor who continued treating and billing...
Texas DWC Can Sanction Chiropractor for Expired License Even Though Another Board Controls the License Texas DWC Can Sanction Chiropractor for Expired License Even Though Another Board Controls the LicenseMN Supreme Court Reverses WCCA and Remands Unresolved Issues The Minnesota Supreme Court has held that an employer may rebut the statutory presumption for work-related PTSD through evidence other than...
Outdated DSM Doesn’t Automatically Sink an Employer’s Rebuttal of the PTSD Presumption Outdated DSM Doesn’t Automatically Sink an Employer’s Rebuttal of the PTSD PresumptionSupervisor’s Authority Over PPE Didn't Make Him a “Vice Principal” The Court of Appeals of Texas, Fourteenth District, affirmed summary judgment for an employer on all of an injured worker’s...
TX Court Affirms Exclusive Remedy Bar Despite Crew Leader’s Alleged Assault TX Court Affirms Exclusive Remedy Bar Despite Crew Leader’s Alleged AssaultStatute’s Specific Remedy Overrides Rule 37 Discovery Sanctions, Even After Three Failed Medical Exams The Supreme Court of Utah has held that dismissal is not an available sanction for a...
Utah High Court: Suspension, Not Dismissal, Is the Only Sanction for Obstructing an IME Utah High Court: Suspension, Not Dismissal, Is the Only Sanction for Obstructing an IMEPA Court Finds a 15-Minute Break’s Brevity Outweighs Its Formality The Commonwealth Court of Pennsylvania recently affirmed an award of workers’ compensation benefits to a pharmacy technician struck by a...
Personal Comfort Doctrine Reaches a Formal, Unpaid Break Personal Comfort Doctrine Reaches a Formal, Unpaid BreakIdaho Federal Court Finds Surveillance and a Full-Duty Release Defeat Workers' Comp Retaliatory Discharge Claim The U.S. District Court for the District of Idaho recently granted summary judgment for a...
Trucker’s Retaliation Claim Runs Aground in His Own Hay Field Trucker’s Retaliation Claim Runs Aground in His Own Hay FieldRisk-Exposure Evidence Alone Can Establish the Causal Link, Justices Hold Last Thursday, In a unanimous decision authored by Justice Muñiz, the Supreme Court of Florida held that a workplace assault...
FL High Court Rejects Motive Requirement for Workplace Assault Claims FL High Court Rejects Motive Requirement for Workplace Assault ClaimsSupervisors Who Allegedly Blocked Exits Fell Outside the Workers’ Comp Act’s Exclusive Remedy The Kentucky Court of Appeals has revived tort claims brought by survivors of the December 2021 tornado...
KY Court Revives Tort Claims From Mayfield Candle Factory Tornado Deaths KY Court Revives Tort Claims From Mayfield Candle Factory Tornado DeathsMS Court Rejects Time-Bar Finding in Casino Dealer’s Shoulder Injury Case The Mississippi Court of Appeals has reversed a Workers’ Compensation Commission order dismissing a casino dealer’s shoulder injury claim...
Progressive-Injury Diagnosis, Not Initial Symptoms, Starts the Limitations Clock Progressive-Injury Diagnosis, Not Initial Symptoms, Starts the Limitations ClockTexas Court Finds Repeated Warnings About Vehicle Problems Insufficient to Avoid Exclusive Remedy Bar A Texas appellate court recently affirmed summary judgment for an employer on an intentional-tort claim, holding...
The “Substantially Certain” Standard Survives Another Truck Wreck The “Substantially Certain” Standard Survives Another Truck WreckHigh Court Overrules Fifth Circuit, Rejects Retroactive Application of Section 1208 On Monday, the Louisiana Supreme Court held that an employee who commits fraud under La. R.S. 23:1208 forfeits workers’...
LA Supreme Court: Fraud Forfeiture Runs Forward From Misrepresentation, Not Back to the Accident LA Supreme Court: Fraud Forfeiture Runs Forward From Misrepresentation, Not Back to the Accident