Acknowledging that a trial court in a declaratory action had fixed the injured employee’s total damages in his third-party tort claim at almost $2 million, designating $1,500,000 of that total...
PA Employer’s Right to Subrogation is “Absolute” PA Employer’s Right to Subrogation is “Absolute”The exclusive remedy provisions of the Illinois Workers' Compensation Act (Act)—820 ILCS 305/5(a), 11— do not extend to a general contractor who paid workers’ compensation insurance premiums and benefits for...
IL Contractor Who Provides Coverage for Subcontractor’s Workers Not Immune From Suit IL Contractor Who Provides Coverage for Subcontractor’s Workers Not Immune From SuitCapping secondary mental impairment benefits—pursuant to NMSA 1978, Section 52-1-41(C)(2015)—to the number of weeks allowable for the worker’s original physical injury [e.g., 150 weeks where the mental injury is secondary...
New Mexico Cannot Differentiate Between Secondary Mental Benefits and Secondary Physical Benefits New Mexico Cannot Differentiate Between Secondary Mental Benefits and Secondary Physical BenefitsRelying upon the “quasi-course of employment” concept set forth in Larson’s Workers’ Compensation Law, § 10.05, a division of the Court of Appeals of Colorado affirmed an order of the...
Colorado Court Says Injuries Sustained En Route to Medical Appointment Not Always Compensable Colorado Court Says Injuries Sustained En Route to Medical Appointment Not Always CompensableStressing that the focus of the personal comfort doctrine was to determine if an employee’s actions occurred during the course of the employment, the Court of Appeals of Oregon held...
Establishing “Personal Comfort” Activity Is Only Half the Battle, says OR Court Establishing “Personal Comfort” Activity Is Only Half the Battle, says OR CourtIllustrating that it is for the New York Workers’ Compensation Board to weigh the evidence, even when that evidence has been presented to a law judge hearing the case, a...
NY Court Affirms Award for Flight Attendant’s Allergy to Uniforms NY Court Affirms Award for Flight Attendant’s Allergy to UniformsYesterday, the Supreme Court of New Jersey, reversing a decision of the Superior Court, Appellate Division [see 466 N.J. Super. 160, 245 A.3d 1019 (App. Div. 2021)], found that serious injuries...
NJ Librarian’s Parking Lot Injuries When Struck by Snowplow are Compensable NJ Librarian’s Parking Lot Injuries When Struck by Snowplow are CompensableApplying the personal comfort doctrine [see Larson’s Workers’ Compensation Law, § 21.01, et seq.], pursuant to which small, temporary departures from work to administer to personal comforts or convenience are...
PA Court Agrees Injuries Were Compensable under Personal Comfort Doctrine PA Court Agrees Injuries Were Compensable under Personal Comfort DoctrineThe Supreme Court of Delaware affirmed the denial of workers’ compensation benefits to a courthouse employee who sustained injuries in a sinkhole accident near—but not on the courthouse property [Browning...
Delaware High Court Says Sinkhole Injuries Were Not Compensable Delaware High Court Says Sinkhole Injuries Were Not CompensableA Pennsylvania WCJ need not consider non-work-related injury limitations that were the result of actions that occurred after the work-related injury as part of a Pennsylvania injured employee’s “residual productive...
Post-Injury Felony Conviction Not a Factor in Determining PA Employee’s Earning Power Post-Injury Felony Conviction Not a Factor in Determining PA Employee’s Earning PowerConstruing N.C. Gen. Stat. § 97-2(6), which defines “injury” to mean “only injury by accident arising out of and in the course of the employment” [emphasis added], the Court of...
NC Court Construes State’s “Injury by Accident” Requirement NC Court Construes State’s “Injury by Accident” RequirementCopyright 2022. Thomas A. Robinson. All rights reserved. This post may not be reproduced, in whole or in part, in any form or format, without the express written consent of...
The Top 10 Bizarre Workers’ Comp Cases for 2021 The Top 10 Bizarre Workers’ Comp Cases for 2021