Acknowledging that agitation and physical aggression are common late-stage symptoms of Alzheimer’s disease, that injuries to caregivers are not unusual, and that California and other jurisdictions had previously established the...
Divided California Supreme Court Says In-Home Caregivers May Not Sue Alzheimer’s Patients For Injuries Divided California Supreme Court Says In-Home Caregivers May Not Sue Alzheimer’s Patients For InjuriesOn Friday, the Supreme Court of Alaska, in Harris v. Millennium Hotel, 2014 Alas. LEXIS 149 (July 25, 2014), held that the state’s workers’ compensation death benefits statute, Alaska Stat....
Alaska: Same-Sex Partner of Deceased Worker Entitled to Death Benefits In Spite of State’s “Marriage Amendment” Alaska: Same-Sex Partner of Deceased Worker Entitled to Death Benefits In Spite of State’s “Marriage Amendment”On Monday, in Cruz v. Workers’ Comp. Appeal Bd. (Kennett Square Specialties), 2014 Pa. LEXIS 1772 (July 21, 2014), the Supreme Court of Pennsylvania held that as to the proper...
Pennsylvania: Claimant’s Invocation of Self-Incrimination Rights Cannot, Standing Alone, Furnish Sufficient Evidence to Suspend Comp Benefits Pennsylvania: Claimant’s Invocation of Self-Incrimination Rights Cannot, Standing Alone, Furnish Sufficient Evidence to Suspend Comp BenefitsAcknowledging that there are three categories of risk to which an employee may be exposed: (1) risks distinctly associated with her employment; (2) personal risks; and (3) neutral risks which...
Illinois Court Says “Ordinary” Reaching Activity is Nevertheless Risk of Employment Illinois Court Says “Ordinary” Reaching Activity is Nevertheless Risk of EmploymentA New York appellate court has affirmed a decision of the state’s Workers’ Compensation Board that awarded workers compensation benefits for a stress-related injury sustained by a cardiothoracic physician’s assistant...
New York Court Affirms PTSD Award to Physician’s Assistant Threatened by Surgeon During Surgical Procedure New York Court Affirms PTSD Award to Physician’s Assistant Threatened by Surgeon During Surgical ProcedureAcknowledging that two employees who had been embroiled in a shouting match during the work day had been treated different by the employer–the employee who apparently started the argument received...
Ohio: Trouble-Maker Fails to Prove Discharge Was Because of Workers’ Compensation Claims Ohio: Trouble-Maker Fails to Prove Discharge Was Because of Workers’ Compensation ClaimsIn a case of first impression, an Illinois appellate court, reversing a decision by a state trial court, has ruled that neither the exclusive remedy provisions of the Illinois Workers’...
Illinois: Tort Action Against Employer Not Barred Where Workers’ Comp Claim Was Time-Barred Before Employee Ever Learned of It Illinois: Tort Action Against Employer Not Barred Where Workers’ Comp Claim Was Time-Barred Before Employee Ever Learned of ItWhat if an injured worker was legally prevented from discussing his or her medical condition directly with the worker’s doctor, if the worker was required instead to listen to the...
Florida Court Says PTSD Patient’s Ability to Communicate Directly With Psychologist is Not “Medical Necessity” Florida Court Says PTSD Patient’s Ability to Communicate Directly With Psychologist is Not “Medical Necessity”A National Football League “free agent,” who had been released from his contract by the Philadelphia Eagles and who agreed, along with 15 other free agents, to attend a three-day...
NFL Free Agent Injured in Minicamp Tryout Has No Comp Claim NFL Free Agent Injured in Minicamp Tryout Has No Comp ClaimAn attorney and shareholder of a law firm was appropriately denied workers’ compensation benefits in connection with a motorcycle accident that rendered him a quadriplegic, since his “rainmaking” activities was...
Wisconsin Lawyer’s Poker Playing and “Rainmaking” Insufficiently Connected to Employment to Support Serious Injury Claim from Motorcyle Accident Wisconsin Lawyer’s Poker Playing and “Rainmaking” Insufficiently Connected to Employment to Support Serious Injury Claim from Motorcyle AccidentWyo. Stat. Ann. § 27–14–404 limits awards of TTD benefits to twenty-four months, but gives the Wyoming Worker’s Safety and Compensation Division (the Division) discretionary authority to extend the time...
Wyoming Court Says Division’s Rule Setting Arbitrary Limitation on TTD Benefits Is Invalid Wyoming Court Says Division’s Rule Setting Arbitrary Limitation on TTD Benefits Is InvalidVirginia, like a number of other states [see the discussion in Larson’s Workers’ Compensation Law, § 52.07], has a special presumption favoring firefighters (and police officers) as to death or...
Virginia Court: “Firefighter’s Presumption” Requires Showing of Entitlement to Some Form of Economic Indemnity Virginia Court: “Firefighter’s Presumption” Requires Showing of Entitlement to Some Form of Economic Indemnity