Deceased Employee’s Estate Fails to Show Gross Negligence In Lavery v. Campbell, 2024 Iowa App. LEXIS 849 (Dec. 4, 2024), an Iowa appellate court affirmed summary judgment in favor of...
Iowa: Co-Employee Not Liable in Fatal Machine Accident Iowa: Co-Employee Not Liable in Fatal Machine AccidentIn Collins v. Wieland Copper Prods., LLC, 2024 N.C. App. LEXIS 958 (Dec. 3, 2024), the North Carolina Court of Appeals held that a 2014 settlement agreement resolving a worker’s...
NC Court: Settlement Agreement Does Not Bar Later Claim for New Injury to Same Body Part NC Court: Settlement Agreement Does Not Bar Later Claim for New Injury to Same Body PartIn a case of first impression regarding the application of Ohio R.C. 4123.56(F), the Ohio Supreme Court has reversed the Tenth District Court of Appeals’ refusal to vacate an Industrial...
Ohio Supreme Court Vacates Commission’s TTD Award re: Post-Termination Surgery Ohio Supreme Court Vacates Commission’s TTD Award re: Post-Termination SurgeryA New Jersey appellate court has affirmed a compensation judge’s determination that a public school teacher who died from COVID-19 qualified as an “essential employee” under the state’s special pandemic...
NJ Court Finds Teacher’s COVID-19 Death Compensable Under State’s “Essential Employee” Presumption NJ Court Finds Teacher’s COVID-19 Death Compensable Under State’s “Essential Employee” PresumptionThe Oregon Court of Appeals recently affirmed a Workers’ Compensation Board decision awarding benefits to an 85-year-old worker who fainted while waiting for an employer-mandated vaccination [SAIF Corp. v. Kelkay,...
Oregon Court Affirms Award Where Elderly Worker Fainted For Unknown Reason Oregon Court Affirms Award Where Elderly Worker Fainted For Unknown ReasonThe Intermediate Court of Appeals of Hawai’i recently held that while an employee’s negligent supervision claim against his employer was barred by workers’ compensation exclusivity, he should have been given...
Hawaii: Defamation Claims Against Employer Not Barred by Workers’ Compensation Exclusivity Hawaii: Defamation Claims Against Employer Not Barred by Workers’ Compensation ExclusivityIn Borough of Hollidaysburg v. Detwiler, 2024 Pa. Commw. LEXIS 243 (Nov. 19, 2024), a divided Commonwealth Court of Pennsylvania held that to enjoy the state’s presumption of compensability, volunteer...
Divided PA Court Says “Continuous Service,” Not Level of Activity, Key to Firefighter Cancer Benefits Divided PA Court Says “Continuous Service,” Not Level of Activity, Key to Firefighter Cancer BenefitsIn a decision highlighting the importance of accurate work histories in medical causation opinions, a New York appellate court has upheld the Workers’ Compensation Board’s denial of death benefits in...
NY Court Affirms Board’s Rejection of Medical Opinion Based on Flawed Work History NY Court Affirms Board’s Rejection of Medical Opinion Based on Flawed Work HistoryNearly four years after COVID-19 first disrupted workplaces across America, courts continue to refine their approach to pandemic-related workers’ compensation claims. Three recent decisions from New York’s Appellate Division, Third...
NY Appellate Court Addresses Three Different Types of COVID-19 Claims on Same Day NY Appellate Court Addresses Three Different Types of COVID-19 Claims on Same DayA New York appellate court held that the Workers’ Compensation Law’s exemption of benefits from creditor claims does not shield settlement funds from the state’s Son of Sam Law [Matter...
NY: Workers’ Comp Settlement Not Protected from Son of Sam Law Seizure NY: Workers’ Comp Settlement Not Protected from Son of Sam Law SeizureFlorida’s First DCA recently vacated a workers’ compensation order awarding benefits after finding that a Judge of Compensation Claims (JCC) abused his discretion by not granting a continuance that had...
Florida: Late Change in Doctor’s Causation Opinion Required Hearing Continuance Florida: Late Change in Doctor’s Causation Opinion Required Hearing ContinuanceA Kentucky appellate court has reversed a Workers’ Compensation Board decision that would have allowed a hospital nurse’s COVID-19 claim to proceed under a relaxed causation standard. The Board had...
KY Court Reverses Board: Nurse Failed to Prove COVID-19 Was Work-Related KY Court Reverses Board: Nurse Failed to Prove COVID-19 Was Work-Related