A New York appellate court affirmed a trial court’s determination that there were issues of fact as to whether a defendant was the special employee of plaintiff’s employer so as...
NY Jury Must Consider Whether Defendant was Special Employee Entitled to Exclusive Remedy Defense NY Jury Must Consider Whether Defendant was Special Employee Entitled to Exclusive Remedy DefenseThe Supreme Court of New Jersey, examining the intersection between the state’s Worker’s Compensation Act (WCA) and its Law Against Discrimination (LAD), held that a teacher’s LAD claim alleging that...
Action Filed Under NJ’s Discrimination Law Not Barred by Exclusive Remedy Rule Action Filed Under NJ’s Discrimination Law Not Barred by Exclusive Remedy RuleApplying Alabama’s intentional injury exception to the exclusive remedy rule, the Supreme Court of Alabama affirmed a trial court’s decision granting two co-employee defendants summary judgment in a civil action...
Intentional Injury Action Against Co-Employees Fails Under Alabama’s Substantially Certain Rule Intentional Injury Action Against Co-Employees Fails Under Alabama’s Substantially Certain RuleConstruing the state’s special statute limiting the compensability of heart attacks, stroke, and physical injury caused by mental stimulus, a divided Supreme Court of North Dakota reversed an ALJ’s decision...
ND High Court Stresses That Heart Attacks Only Compensable When Caused by Unusual Stress ND High Court Stresses That Heart Attacks Only Compensable When Caused by Unusual StressShowing just how serious New York courts take the issue of ex parte communications between counsel and medical experts, a New York appellate court recently affirmed an order by the...
Ex Parte Communications Sink NY Death Benefits Claim Ex Parte Communications Sink NY Death Benefits ClaimA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that not only imposed the mandatory penalty rescinding the claimant’s award of workers’ compensation benefits, but...
NY Claimant’s Failure to Disclose Gambling Activities Constitutes § 114-a Violation NY Claimant’s Failure to Disclose Gambling Activities Constitutes § 114-a ViolationIn an appeal and cross-appeal from an order granting sanctions against an insurer for failure to provide orthopedic treatment to an injured worker, a Florida appellate court held that a...
$15K “Fine” Against Florida Comp Insurer Not Supported by Evidence $15K “Fine” Against Florida Comp Insurer Not Supported by EvidenceDecision is Consistent with Majority Rule In a holding that is consistent with the dominant rule among American jurisdictions, a Pennsylvania appellate court recently affirmed a Board decision that awarded...
PA Court: Carefully Planned Suicide Still Compensable PA Court: Carefully Planned Suicide Still CompensableApplying Arkansas’ relatively narrow employment-related rule, which excludes compensation for an injury which was inflicted upon the employee at a time when employment services were not being performed [see Ark....
Arkansas Horse-Racing Employee’s Leap From Burning Stable Was Not Compensable Arkansas Horse-Racing Employee’s Leap From Burning Stable Was Not CompensableObserving that in determining a claimant’s loss of wage-earning capacity, the New York Workers’ Compensation Board may consider claimant’s functional capabilities, as well as vocational issues (claimant’s age, education, training,...
“Odd-Lot”-Like Theory Works in Reverse to Limit Wage Loss Award for NY Claimant “Odd-Lot”-Like Theory Works in Reverse to Limit Wage Loss Award for NY ClaimantIn a decision that illustrates the tremendous breadth of discretion allowed to the New York Workers’ Compensation Board, a state appellate court affirmed a Board decision—in spite of findings by...
NY Board Has Broad Discretion in Reviewing § 114-a Issues NY Board Has Broad Discretion in Reviewing § 114-a IssuesIn a divided decision, the Supreme Court of Wisconsin affirmed a finding by the state’s Court of Appeals that the exclusive remedy provisions of the Wisconsin Workers’ Compensation Act barred...
Employee’s Action Against Employer’s Comp Insurer For Self-Inflicted Gunshot Wound Barred by Exclusivity Employee’s Action Against Employer’s Comp Insurer For Self-Inflicted Gunshot Wound Barred by Exclusivity