A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that apportioned liability for the benefits due under an injured employee’s workers’ compensation claim between the...
NY Court Affirms Apportionment of Liability Between Special and General Employers NY Court Affirms Apportionment of Liability Between Special and General EmployersReversing a portion of a decision by the New York Workers’ Compensation Board, a state appellate court stressed that the appropriate date of a finding of no labor market attachment...
NY Court Disapproves of Board’s Retroactive Disqualification for Lack of Labor Market Attachment NY Court Disapproves of Board’s Retroactive Disqualification for Lack of Labor Market AttachmentThe Supreme Court of Rhode Island, with two justices dissenting, reversed a decision of a county Superior Court judge that had granted summary judgment to a former employee who contended...
Divided R.I. High Court Says Workers’ Comp Release Was Sufficiently Broad to Bar Discrimination Claim Against Employer Divided R.I. High Court Says Workers’ Comp Release Was Sufficiently Broad to Bar Discrimination Claim Against EmployerA California appellate court recently affirmed a state trial court’s decision granting summary judgment in favor of a security guard services company that had been sued following a motor vehicle...
Going and Coming Rule Bars Tort Action Filed Against CA Employer Going and Coming Rule Bars Tort Action Filed Against CA EmployerThe Supreme Court of Louisiana affirmed a trial court’s decision to the extent that it ruled it had jurisdiction to hear an employer’s claim for damages and penalties against its...
Louisiana Trial Court Errs in Awarding Attorney’s Fees Exceeding $2,000 Per Hour Louisiana Trial Court Errs in Awarding Attorney’s Fees Exceeding $2,000 Per HourIn a decision that illustrates the tender balance attempted in state Workers’ Compensation Acts between fairness to the injured employee and fairness to the employer and/or carrier, the Workers’ Compensation...
MT Court Weighs Difficult AWW Issues in Concurrent Employment Claim MT Court Weighs Difficult AWW Issues in Concurrent Employment ClaimIn a complex case that saw the Court opine on the distinction between “judicial dictum” and “obiter dictum,” the Kansas Supreme Court held that a general contractor could be liable...
Kansas General Contractor Found Liable for Benefits Owed to Uninsured Subcontractor’s Injured Worker Kansas General Contractor Found Liable for Benefits Owed to Uninsured Subcontractor’s Injured WorkerReversing a decision by a state judge of compensation claims (JCC) that had awarded workers’ compensation benefits to a Florida HVAC technician who sustained injuries in a vehicular accident as...
Under FL Statute, “Traveling Employee” is Not in “Travel Status” While Driving Home from Work Under FL Statute, “Traveling Employee” is Not in “Travel Status” While Driving Home from WorkConstruing Florida’s “going and coming” statute, § 440.092(2), Fla. Stat., a state appellate court affirmed a finding by a judge of compensation claims that injuries sustained by an American Airlines...
Claim of FL Airlines Employee Barred by Going and Coming Statute Claim of FL Airlines Employee Barred by Going and Coming StatuteIn an unusual case in which a surviving spouse claimed that her husband’s death from a heart attack had been caused by his three-week exposure to radar beams at work,...
Virginia Widow Loses Death From Radar Beams Claim Virginia Widow Loses Death From Radar Beams ClaimA federal district court, sitting in Wisconsin, has affirmed a decision by a U.S. Bankruptcy Judge that found $400,000 paid into the trust account of an injured worker’s attorney, and...
Federal Court: Settlement Agreement Created Express Trust Favoring Injured Worker’s Medical Providers Federal Court: Settlement Agreement Created Express Trust Favoring Injured Worker’s Medical ProvidersIn a decision that stands in stark contrast to court holdings in some other states—particularly California—a Nebraska appellate court affirmed a decision by the state’s compensation court that had found...
Nebraska Court Agrees Truck Driver Was Independent Contractor Nebraska Court Agrees Truck Driver Was Independent Contractor