Addressing a difficult factual pattern for the second time, the Supreme Court of Alaska affirmed a trial court’s decision that had granted summary judgment in favor of a general contractor...
Alaska Supreme Court Says Estate’s Wrongful Death Action is Barred by Exclusivity Even When Comp Benefits are Limited to Burial Expenses Alaska Supreme Court Says Estate’s Wrongful Death Action is Barred by Exclusivity Even When Comp Benefits are Limited to Burial ExpensesWhere there was a clear discrepancy between the schedule loss of use (SLU) percentage indicated on the face of a surgeon’s C-4.3 form (Doctor’s Report of Maximum Medical Improvement/Permanent Impairment)...
Battle of the Forms: NY Board Abuses Discretion in Failing to Reopen Claim Battle of the Forms: NY Board Abuses Discretion in Failing to Reopen ClaimObserving that Utah has recognized the intentional tort exception to exclusivity in cases falling under the state’s Workers’ Compensation Act (WCA), but had not (yet) extended the exception to cases...
Utah High Court Hints that Intentional Tort Exception to Exclusivity Might Not Apply to Occupational Disease Claims Utah High Court Hints that Intentional Tort Exception to Exclusivity Might Not Apply to Occupational Disease ClaimsAcknowledging that pursuant to KRS 342.0011(1), Kentucky does not allow recovery for work-related psychological injuries unless they are the “direct result” of a physical injury [emphasis added], the Supreme Court...
Kentucky High Court Construes Mental Injury Statute and Affirms Award Kentucky High Court Construes Mental Injury Statute and Affirms AwardAddressing an important issue within the modern workplace—whether in a joint employment context, staffing agencies may be liable employers for safety violations under the Washington Industrial Safety and Health Act...
Washington Supreme Court Says Staffing Agencies May Sometimes Be Liable for Safety Violations Washington Supreme Court Says Staffing Agencies May Sometimes Be Liable for Safety ViolationsCiting precedent from the Supreme Court of Texas, a lower appellate court held that the going and coming rule—a creature of the workers’ compensation setting—could be applied in plaintiff’s vicarious-liability...
Going and Coming Rule Bars Recovery in Texas Plaintiff’s Vicarious Liability Action Going and Coming Rule Bars Recovery in Texas Plaintiff’s Vicarious Liability ActionIn a decision not designated for publication, an Illinois appellate court held that a trial court did not err in granting judgment on the pleadings favoring an auto insurance company...
UIM Insurer May Offset IL Employee’s Comp Benefits Against Policy Obligation UIM Insurer May Offset IL Employee’s Comp Benefits Against Policy ObligationThe Supreme Court of Ohio, affirming a decision of a lower state appellate court, held that the Ohio Industrial Commission had properly rejected a proposed settlement related to an employer’s...
Ohio Supreme Court Reiterates Commission’s Power to Reject Settlements in VSSR cases Ohio Supreme Court Reiterates Commission’s Power to Reject Settlements in VSSR casesThe Appellate Court of Connecticut affirmed an award of death benefits to the spouse of an employee who committed suicide following a work-related knee injury, finding that substantial evidence supported...
CT Court Affirms Death Benefits Award Following Suicide CT Court Affirms Death Benefits Award Following SuicideOCGA § 34-9-11.1, Georgia’s statute that gives the insurer (or employer) the right to “assert the employee’s cause of action in tort” against a third party or parties if the...
Subrogated Georgia Insurer Has No Fiduciary Duty to Protect Injured Employee’s Interests Subrogated Georgia Insurer Has No Fiduciary Duty to Protect Injured Employee’s InterestsIn two companion decisions, a divided Supreme Court of Minnesota held that the state’s Workers’ Compensation Court of Appeals (WCCA) lacks jurisdiction to decide whether federal law preempts Minnesota law...
MN Supreme Court Says No to Mandatory Reimbursement for Medical Marijuana MN Supreme Court Says No to Mandatory Reimbursement for Medical MarijuanaIn a case of first impression, the Supreme Court of New Hampshire, adopted the “chain-of-causation test” for suicides and affirmed a decision by the state’s Compensation Appeals Board (CAB) that...
New Hampshire High Court Adopts “Chain-of-Causation Test” for Suicides New Hampshire High Court Adopts “Chain-of-Causation Test” for Suicides