Observing that in Kansas, like a number of other states, an employer may be liable in tort as a “third-party tortfeasor” if the employer has obligations to the employee independent...
Kansas Court Says Dual Capacity Doctrine Not Applicable Where Employer Manufactured Machine Causing Employee’s Injury Kansas Court Says Dual Capacity Doctrine Not Applicable Where Employer Manufactured Machine Causing Employee’s InjuryThe Delaware Supreme Court affirmed a decision of the Superior Court that in turn had affirmed a decision by the state’s Industrial Accident Board (“IAB”) granting an employer’s petition for...
Delaware Employer Need Not Pay for Claimant’s Opioids More than 9 Years After Accident Delaware Employer Need Not Pay for Claimant’s Opioids More than 9 Years After AccidentA New York appellate court affirmed a determination by the state’s Workers’ Compensation Board that had rescinded that part of a WCLJ’s decision finding that the claimant violated N.Y. Workers’...
NY Court: Not Every Omission of Prior Injury Constitutes Misrepresentation under § 114-a NY Court: Not Every Omission of Prior Injury Constitutes Misrepresentation under § 114-aFinding that a furnace worker had failed to establish the necessary third prong in the definition of occupational diseases—that his employment created a risk of contracting the disease (here, COVID-19)...
Ohio Court Affirms Finding that Furnace Worker’s COVID-19 Was Not Compensable Ohio Court Affirms Finding that Furnace Worker’s COVID-19 Was Not CompensableIn a decision that may have attorneys in other states scurrying back to their respective statutes to check their states’ definitions of “physician,” the Supreme Court of Kentucky held that...
KY Supreme Court: Noted Medical Authority’s AMA Guides Report Inadmissible KY Supreme Court: Noted Medical Authority’s AMA Guides Report InadmissibleQuoting Larson’s Workers’ Compensation Law, an Ohio appellate court affirmed a decision by the state’s Industrial Commission that had refused to consider various fringe benefits in the form of health...
Ohio Court Says Healthcare Benefits and Pension Contributions Not to be Used in Computing AWW Ohio Court Says Healthcare Benefits and Pension Contributions Not to be Used in Computing AWWA New York appellate court held that where a physician testified that a claimant developed neck and shoulder pain “due to repetitive stress and forceful use of the upper extremities...
Indefinite Medical Testimony Sinks NY Claimant’s Occupational Disease Claim Indefinite Medical Testimony Sinks NY Claimant’s Occupational Disease ClaimA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that a freelance per diem technician was not fired in retaliation for his filing of a...
Injured NY Freelance Technician Loses in Bid to Show Termination of Employment was Retaliatory Injured NY Freelance Technician Loses in Bid to Show Termination of Employment was RetaliatoryA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found an injured worker’s failure to disclose work-related injuries he sustained in 1998 and 2002,...
Failure to Disclose Prior Work-Related Injuries Proves Fatal for NY Worker’s Claim for Continued Benefits Failure to Disclose Prior Work-Related Injuries Proves Fatal for NY Worker’s Claim for Continued BenefitsIn a meticulous and well-reasoned opinion weighing and discussing multiple issues, the Supreme Court of Idaho held that the state’s Industrial Commission committed error when it ruled that the claimant’s...
120-Pound Weight Gain Might (or Might Not) Sink Idaho Worker’s Aggravation Claim 120-Pound Weight Gain Might (or Might Not) Sink Idaho Worker’s Aggravation ClaimReiterating that aTexas workers’ compensation carrier is entitled to the “first money” an injured worker recovered in a third-party tort action—here, settlement of a medical malpractice claim—and stressing further that...
Texas Court Stresses Comp Carrier is Entitled to Full “First Money” in Worker’s Third-Party Tort Settlement Texas Court Stresses Comp Carrier is Entitled to Full “First Money” in Worker’s Third-Party Tort SettlementUnder Rhode Island’s so-called Branco exception to the going and coming rule, an employee and/or the employee’s dependents may recover workers’ compensation benefits where the employee’s injury or death results...
RI Supreme Court Broadens “Parking Lot” Rule to Include Leased Properties RI Supreme Court Broadens “Parking Lot” Rule to Include Leased Properties