Where an employee retired in 2014, and was determined to be disabled by an occupational disease in 2016, at which time his employer had no workers’ compensation policy in effect–and...
NY Court Remands Case Where Occupational Disease Disablement Date Was Close to Date Policy Lapsed NY Court Remands Case Where Occupational Disease Disablement Date Was Close to Date Policy LapsedA New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that found an injured employee had misrepresented his physical condition to his treating physicians–videotape surveillance showed...
Surveillance Video Leads to NY Board’s Finding of Disqualification under § 114-a Surveillance Video Leads to NY Board’s Finding of Disqualification under § 114-aWhere a chef/cook, employed by a non-profit organization, sustained injuries at her employer’s “Family Fun Day”, an event that included recreational activities, games and music, held on a Saturday for...
NJ High Court Allows Claim for Injury Sustained During Charity’s “Fun Day” NJ High Court Allows Claim for Injury Sustained During Charity’s “Fun Day”A New York appellate court reversed a finding by the state's Workers' Compensation Board that had denied workers' compensation benefits to a home health attendant who provided care to one...
24-Hour NY Home Health Attendant’s Stop at Personal Physician’s Office Was Not a Deviation from Employment 24-Hour NY Home Health Attendant’s Stop at Personal Physician’s Office Was Not a Deviation from EmploymentA federal district court in Illinois, construing that state’s law concerning retaliatory discharge claims, held–in relevant part–that a plaintiff’s factual allegations did not give rise to a claim of retaliatory...
Lack of Proximity Between Injury and Firing Found to be Fatal to Claim of Retaliatory Discharge Lack of Proximity Between Injury and Firing Found to be Fatal to Claim of Retaliatory DischargeApplying Virginia’s “actual risk” doctrine, which generally holds that simple acts of walking, bending, turning, or even climbing stairs–without proof of any other contributing environmental factors–are not risks of employment,...
Virginia Court Sticks to its “Actual Risk” Doctrine Virginia Court Sticks to its “Actual Risk” DoctrineReversing a decision of a state workers’ compensation judge, the Superior Court of New Jersey, Appellate Division, found that injuries sustained by a township librarian, when she and her husband...
NJ Township Librarian’s Injuries in Township Parking Lot Did Not Occur on the Employer’s Premises NJ Township Librarian’s Injuries in Township Parking Lot Did Not Occur on the Employer’s PremisesThe Supreme Court of Pennsylvania, affirming a decision by the state’s Commonwealth Court, held that the express terms of Section 306(a.1) of the state’s Workers’ Compensation Act [77 P.S. §...
PA Supreme Court Construes Benefits Disqualification During Incarceration Statute PA Supreme Court Construes Benefits Disqualification During Incarceration StatuteConstruing Iowa's special co-employee immunity statute [Iowa Code § 85.20(2)], pursuant to which a coemployee is not immune from tort liability if his or her gross negligence causes injury to...
Iowa Employee’s Tort Action Against Co-Employees Alleging Gross Negligence Fails Iowa Employee’s Tort Action Against Co-Employees Alleging Gross Negligence FailsWhile proximity of time between an employee’s injury and her firing is generally sufficient to make out a prima facie case for retaliatory discharge, a recent federal district court decision...
Opinion Mondays: Proximity in Time Between Injury and Firing is Not Always Sufficient to Establish Prima Facie Retaliatory Discharge Claim Opinion Mondays: Proximity in Time Between Injury and Firing is Not Always Sufficient to Establish Prima Facie Retaliatory Discharge ClaimIn Vazquez v. Jan-Pro Franchising International, Inc., 2021 Cal. LEXIS 1 (Jan. 14, 2021), the Supreme Court of California held its earlier Dynamex decision [Dynamex Operations West, Inc. v. Superior...
California Supreme Court Says Dynamex Should be Applied Retroactively California Supreme Court Says Dynamex Should be Applied RetroactivelyThe Court of Appeals of Mississippi affirmed a decision of the state's Workers' Compensation Commission that found an injured worker was entitled to PPD benefits of $81.38 per week for...
MS Court Reiterates Claimant May Qualify for PPD Benefits in Spite of Increased Earnings MS Court Reiterates Claimant May Qualify for PPD Benefits in Spite of Increased Earnings