NY Claimant Wins COVID-19 Claim Without Aid of Presumption of Compensability

Kentucky High Court Says Traveling-Employee Doesn’t “Travel” Until She Leaves Her Property

NC Supreme Court: Untimely Death Claim Can Piggy-Back Upon Timely-Filed Injury Claim

Florida Supreme Court Settles Conflict Between Districts Regarding “Offer of Judgment” Rules

In a split decision, the Supreme Court of Florida reversed a decision by the state’s Second District Court of Appeal and held that where a plaintiff tenders a written offer...

Florida’s Special Firefighter Cancer Statute Cannot Be Applied Retroactively

Florida’s special firefighter statute, § 112.1816, Fla. Stat., which provides previously unavailable benefits—a one-time payment of $25,000, and full coverage of the firefighter’s cancer treatment—to firefighters who meet certain criteria...

FL Condo Association Was Statutory Employer of Valet Service Employee and Immune from Tort Liability

Because a condominium association had a contractual obligation to provide valet services to the condominium owners pursuant to the terms of the declaration of condominium, the association was the statutory...

NM Court Limits Cannabis Reimbursement to Amount Set in Fee Schedule

In an unpublished opinion, the Court of Appeals of New Mexico affirmed a decision by a state workers’ compensation judge that denied an injured worker’s request for full reimbursement of...

Extension of Statute of Limitations in Ohio R. C. 4123.28 Does Not Apply to Death Claims

In a divided opinion, an Ohio appellate court affirmed a decision of a state trial court that granted summary judgment to an employer in a death benefits case that had...

No Violation of N.Y. Workers’ Comp. Law § 114-a Where Testimony Inconsistencies Explained by Head Injury

A New York appellate court affirmed a finding of a state WCLJ, affirmed by the New York Workers’ Compensation Board, that a claimant had not made misrepresentations regarding his prior...

NY Claimant Entitled to Marked Permanent Disability Award Instead of SLU Award

Construing the N.Y. Workers’ Compensation Guidelines for Determining Impairment, a state appellate court affirmed a decision of the Workers’ Compensation Board that held an injured employee’s foot injury was not...

Failure to Disclose Earnings From Home-Based Business is Violation of NY Fraud Statute

Where a New York workers’ compensation claimant testified that he had not worked after a specific date and also represented to a carrier’s medical consultant that he had stopped working...

Injuries Sustained by MS Worker in Fight Over Country Music Not Compensable

In a case with a bizarre fact pattern, a Mississippi appellate court affirmed the denial of workers’ compensation benefits to a worker who sustained injuries in a workplace altercation [Hollis...