A New Jersey appellate court affirmed a state trial court’s decision to grant summary judgment in favor of a defendant supply company in a civil action filed against it by...
NJ Worker's Tort Action Against Supply Company Fails on Exclusivity Grounds NJ Worker's Tort Action Against Supply Company Fails on Exclusivity GroundsA North Carolina appellate court affirmed a decision by the state’s Industrial Commission that denied an employee’s claim for an alleged occupational disease due to excessive stress and other pressures...
NC Claims Rep's Occupational Disease Claim for Anxiety and Depression Fails NC Claims Rep's Occupational Disease Claim for Anxiety and Depression FailsConstruing Tenn. Code Ann. § 50-6-204(d)(5), pursuant to which a presumption of correctness is afforded to the impairment rating provided by an independent medical evaluator who has been selected from...
TN Appeals Panel Clarifies Presumption of Correctness Afforded to MIR Physician's Impairment Rating TN Appeals Panel Clarifies Presumption of Correctness Afforded to MIR Physician's Impairment RatingAdopting a "totality-of-the-circumstances" approach to determine whether a police officer's injury fell within the so-called "law-enforcement" exception to the standard going and coming rule, the Supreme Court of Nevada reversed...
Las Vegas Police Officer's Injuries During Commute Home Were Compensable Las Vegas Police Officer's Injuries During Commute Home Were CompensableA Florida appellate court recently affirmed a trial court’s decision granting summary judgment to a defendant company in a negligence action filed against it by a security guard who was...
Waiver in Labor Broker’s Employment Contract Saves Client from Suit by Injured Security Guard Waiver in Labor Broker’s Employment Contract Saves Client from Suit by Injured Security GuardA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that awarded death benefits to a surviving spouse following the suicide of her husband, who had...
NY Court Affirms Death Benefits Following Injured Worker’s Suicide NY Court Affirms Death Benefits Following Injured Worker’s SuicideA Louisiana appellate court affirmed an award of indemnity benefits, medical expenses, $6,000 in penalties, and $9,500 in attorney’s fees to a foreman who sustained two heat exhaustion episodes in...
Louisiana Foreman Awarded Benefits for Heat Exhaustion in Spite of Co-Morbid Condition Louisiana Foreman Awarded Benefits for Heat Exhaustion in Spite of Co-Morbid ConditionIllustrating yet again the deference afforded a Judge of Compensation Claims when it comes to fact-finding, a Florida appellate court affirmed a JCC’s finding that an injured employee had not...
FL Court Affirms JCC's Finding of No Misrepresentation as to Claimant's "Outside" Income in Spite of Considerable Evidence to Contrary FL Court Affirms JCC's Finding of No Misrepresentation as to Claimant's "Outside" Income in Spite of Considerable Evidence to ContraryMore than 20 years ago, I engaged in an “animated” discussion with a good friend who, while now retired, was then a prominent orthopedic surgeon in the area. Because of...
Opinion Mondays: Medical Care for Injured Workers is a Foursome Opinion Mondays: Medical Care for Injured Workers is a FoursomeA Florida appellate court recently held that a JCC erred in refusing to award temporary disability benefits to an injured worker based on the fact that the worker received “full...
Florida JCC May Not Deny TD Benefits Because Worker Received Full Pay From His Sick Leave Account Florida JCC May Not Deny TD Benefits Because Worker Received Full Pay From His Sick Leave AccountAcknowledging the broad latitude afforded the state’s Workers’ Compensation Board of Review when it comes to weighing the medical evidence before it, the Supreme Court of Appeals of West Virginia,...
West Virginia Court Reverses Medical Findings of Board of Review West Virginia Court Reverses Medical Findings of Board of ReviewUnder Alaska Stat. §§ 23.30.107 and 23.30.107, an employer is entitled to have access to an injured employee’s mental health records when such access is relevant to the employee’s workers’...
Alaska Supreme Court Says Employer May Have Access to Employee's Mental Health Records Alaska Supreme Court Says Employer May Have Access to Employee's Mental Health Records