Category: Case comment

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
Oct 3, 2024

Maine High Court Clarifies When Interest on Specific-Loss Benefits Begins to Accrue for Specific Eye Injuries

In a well-reasoned decision that illustrates the difficulties courts sometime face in balancing competing interests within a workers’ compensation dispute, the Supreme Judicial Court of Maine recently held that when...

Maine High Court Clarifies When Interest on Specific-Loss Benefits Begins to Accrue for Specific Eye Injuries Maine High Court Clarifies When Interest on Specific-Loss Benefits Begins to Accrue for Specific Eye Injuries
Oct 2, 2024

Nebraska High Court: Expert’s Use of “Associated” Was Sufficient to Establish Causation

The Supreme Court of Nebraska recently affirmed an award of benefits to a claimant who alleged respiratory injuries from wearing a UV-sterilized N95 mask at work [Prinz v. Omaha Operations...

Nebraska High Court: Expert’s Use of “Associated” Was Sufficient to Establish Causation Nebraska High Court: Expert’s Use of “Associated” Was Sufficient to Establish Causation
Sep 30, 2024

NY: Google Employee’s Post-Happy Hour Accident Arose From Employment

The Appellate Division of the New York Supreme Court, Third Department, recently affirmed a state Workers’ Compensation Board decision finding that a Google account executive’s injuries sustained after leaving a...

NY: Google Employee’s Post-Happy Hour Accident Arose From Employment NY: Google Employee’s Post-Happy Hour Accident Arose From Employment
Sep 27, 2024

Ohio Court Reiterates Unexplained Fall Doctrine

In a decision examining the tricky balance that must be maintained when in unexplained fall claims, the Court of Appeals of Ohio, Ninth Appellate District, reversed a lower court’s ruling...

Ohio Court Reiterates Unexplained Fall Doctrine Ohio Court Reiterates Unexplained Fall Doctrine
Sep 24, 2024

Nevada Supreme Court Retreats from Earlier Decisions Related to Subrogation Liens

Overruling, in relevant part, two of its own prior decisions, the Supreme Court of Nevada, construing the state’s workers’ compensation subrogation statute, NRS § 616C.215(5), reversed a district court’s decision...

Nevada Supreme Court Retreats from Earlier Decisions Related to Subrogation Liens Nevada Supreme Court Retreats from Earlier Decisions Related to Subrogation Liens