A Nebraska appellate court held that a self-employed person engaged in his own self-employed business, and who elected not to bring himself within the state’s Workers’ Compensation Act, was not...
Self-Employed Nebraska Subcontractor Not Aided by Statutory Employer Protections Self-Employed Nebraska Subcontractor Not Aided by Statutory Employer ProtectionsAn Alabama appellate court reversed a final judgment entered by a state trial court that awarded an employee, in pertinent part, a scheduled permanent partial disability for a 59 percent...
Complex Regional Pain Syndrome Supports Alabama Employee’s Claim for Unscheduled Benefits Complex Regional Pain Syndrome Supports Alabama Employee’s Claim for Unscheduled BenefitsNegligent post-injury conduct, such as exceeding the lifting restrictions placed on an injured employee’s activity cannot, in and of itself, constitute an independent intervening cause that would relieve the original...
Original TN Employer Liable for Medical Care in Spite of Employee’s Violation of Lifting Limits Original TN Employer Liable for Medical Care in Spite of Employee’s Violation of Lifting LimitsThe mandate provided in Colo. Rev. Stat. Ann. §§ 101(3)(a)(I) and 101(3.7), that impairment ratings must be “based on” the revised third edition of AMA Guides, does not prevent a...
Third Edition of AMA Guides is “Starting Point” for Impairment Ratings in Colorado Third Edition of AMA Guides is “Starting Point” for Impairment Ratings in ColoradoIn a well-written opinion that should be earmarked by law students (and attorneys) who desire a relatively concise discussion of federal preemption law, the Supreme Court of New Hampshire has,...
NH High Court Sends Medical Marijuana Case Back to Board for Second Time NH High Court Sends Medical Marijuana Case Back to Board for Second TimeA Mississippi appellate court affirmed an ALJ’s decision, affirmed by the state’s Workers’ Compensation Commission, that an employee’s stress fracture in her right foot was work-related, entitling the employee to...
MS Claimant Establishes Claim in Spite of Cautious Medical Testimony MS Claimant Establishes Claim in Spite of Cautious Medical TestimonyA New York appellate court has affirmed a decision by the state’s Workers’ Compensation Board that allowed a variance to the state treatment guidelines for workers’ compensation claims and which...
NY Court Says “Yes” to Medical Marijuana NY Court Says “Yes” to Medical MarijuanaIn a deeply divided (3-2) memorandum decision, the Supreme Court of Appeals of West Virginia affirmed a decision rejecting the claim of a cashier at a gaming parlor who contended...
W. Va Claimant’s PTSD Claim Fails in Spite of Her Use of Earlier Case as a “Template” W. Va Claimant’s PTSD Claim Fails in Spite of Her Use of Earlier Case as a “Template”Construing Ark. Code Ann. § 11-9-102(4)(D) (Supp. 2019), which indicates that a compensable injury must be established by medical evidence supported by objective findings [emphasis mine], an Arkansas appellate court...
Arkansas Muscle Strain Claim May Be Compensable Where Physician Did Not Observe Spasms Arkansas Muscle Strain Claim May Be Compensable Where Physician Did Not Observe SpasmsAn injured employee is barred by operation of Colorado’s Workers’ Compensation Act’s exclusivity and co-employee immunity principles from bringing a UM/UIM benefits action against a co-employee vehicle owner’s insurer for...
Colorado High Court Says Injured Employee May Not Recover Via Co-Employee’s UM/UIM Policy Colorado High Court Says Injured Employee May Not Recover Via Co-Employee’s UM/UIM PolicyAn Arkansas appellate court affirmed the denial of workers’ compensation benefits to an employee who suffered mysterious GI bleeding while completing workers’ compensation claims forms at his employer’s facility, and...
Arkansas Court Stresses Difference Between “Idiopathic” and “Unexplained” Arkansas Court Stresses Difference Between “Idiopathic” and “Unexplained”Where an Alabama resident sustained injuries in a work-related vehicular accident in Alabama, she could seek workers’ compensation benefits before an Alabama court in spite of a broad provision in...
Alabama Trucker Not Bound by Jurisdictional Limitation in Her Employment Agreement Alabama Trucker Not Bound by Jurisdictional Limitation in Her Employment Agreement