The D.C. Court of Appeals reversed a decision by the District's Compensation Review Board (CRB) that had held the District of Columbia's Adjudication and Hearings Department had no statutory authority...
Opinion Mondays: DC’s Hearings Division Has New Job—Choosing a Home Remodeling Contractor Opinion Mondays: DC’s Hearings Division Has New Job—Choosing a Home Remodeling ContractorIn an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court's decision granting summary judgment in favor of two former employers who, according to...
Fifth Circuit Affirms Summary Judgment Favoring Former Employers in Toxic Chemical Case Fifth Circuit Affirms Summary Judgment Favoring Former Employers in Toxic Chemical CaseCircuit Court’s Contempt Order for Failure to Abide by Discovery Order is Erroneous An Illinois trial court committed error when it found an intervening workers’ compensation insurer in contempt for...
Intervening IL Workers’ Comp Insurer is Not a “Party” to the Underlying Tort Suit Intervening IL Workers’ Comp Insurer is Not a “Party” to the Underlying Tort SuitA New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that a former substitute teacher had withdrawn from the labor market and any loss of earnings...
NY Substitute Teacher’s Loss of Earnings Due to Personal Choice, Not Injury NY Substitute Teacher’s Loss of Earnings Due to Personal Choice, Not InjuryA Texas appellate court recently affirmed a state trial court’s decision granting summary judgment in favor of a former employer (and a companion company) who had been sued by a...
Texas Court Affirms Summary Judgment Favoring Former Employer in Toxic Tort Suit Texas Court Affirms Summary Judgment Favoring Former Employer in Toxic Tort SuitIn an unpublished decision, the Supreme Court of Nevada affirmed an award of permanent total disability benefits to an undocumented worker who sustained severe injuries to his head when a...
Nevada Court Affirms PTD Award to Undocumented Worker on Odd-Lot Basis Nevada Court Affirms PTD Award to Undocumented Worker on Odd-Lot BasisThe Court of Appeals of Maryland, in a divided decision, held the state’s Court of Special Appeals erred in concluding, as a matter of law, that Tyson Farms was a...
MD’s Highest Court Says Lower Court Erred in Reversing a Jury’s Finding as to Co-Employer Status MD’s Highest Court Says Lower Court Erred in Reversing a Jury’s Finding as to Co-Employer StatusAmong the factors adding complexity to the issue of whether a particular worker is an employee or an independent contractor is the sheer number of tests that might be utilized...
Opinion Mondays: Tests for Employment Status Appear to Grow on Trees Opinion Mondays: Tests for Employment Status Appear to Grow on TreesA federal district court in Texas held that a Texas employee’s civil action against his non-subscribing employer did not arise out of the Texas Workers’ Compensation Act (“TWCA”), in spite...
Texas Employee’s Suit Against Non-Subscribing Employer Can Be Removed to Federal Court Texas Employee’s Suit Against Non-Subscribing Employer Can Be Removed to Federal CourtThe Court of Appeals of North Carolina affirmed a decision by the state’s Industrial Commission that denied additional medical benefits claimed by an injured worker on statute of limitations grounds...
Medical Provider's Decision to Bill Medicare, Rather than Carrier, Results in NC Employee's Loss of Benefits on Statute of Limitations Grounds Medical Provider's Decision to Bill Medicare, Rather than Carrier, Results in NC Employee's Loss of Benefits on Statute of Limitations GroundsStressing that the state's Workers' Compensation Board had broad discretion in weighing medical evidence as to causation, a New York appellate court affirmed a decision by the Board denying workers'...
New York Painter Fails to Establish Causal Relation Between Employment and Myocardial Infarction New York Painter Fails to Establish Causal Relation Between Employment and Myocardial InfarctionReversing a decision of the state’s Office of Workers’ Compensation (OWC), a Louisiana appellate court held the State was not responsible for almost $48,000 in unpaid prescription bills related to...
Sedgwick Prevails in Dispute Over Unpaid Prescription Charges for Louisiana Claimant Sedgwick Prevails in Dispute Over Unpaid Prescription Charges for Louisiana Claimant