Construing Iowa’s co-employee immunity statute, Iowa Code § 85.20(2), which allows a co-employee to be sued for injuries caused by the co-employee’s “gross negligence amounting to such lack of care...
$7 Million Verdict Against Iowa Co-Employee Cannot Stand $7 Million Verdict Against Iowa Co-Employee Cannot StandStressing that Virginia courts were required to “liberally construe” the state’s Workers’ Compensation Act, but not the evidence in the record before it, the Court of Appeals of Virginia affirmed...
Virginia Courts “Liberally Construe” the State’s Act—Not the Evidence Itself Virginia Courts “Liberally Construe” the State’s Act—Not the Evidence ItselfThe U.S. District Court for the Southern District of West Virginia recently held that that the removal of plaintiff’s retaliatory discharge action that had been filed in state court was...
Federal Court Says Retaliatory Discharge Action May Not Be Removed Federal Court Says Retaliatory Discharge Action May Not Be RemovedWhere a chicken farm owner—who knew virtually nothing about raising chickens—exercised minimal control over an employee manager of the farm, yet Tyson Farms, Inc., which contracted with the farm owner...
MD Court Says Tyson Was Co-Employer of Worker at Uninsured Chicken Farm MD Court Says Tyson Was Co-Employer of Worker at Uninsured Chicken FarmAffirming a decision of the state’s Commonwealth Court, the Supreme Court of Pennsylvania recently held that an airline employee who was injured while riding an airport shuttle bus to an...
PA Supreme Court Refuses Narrow Definition of Employer’s “Premises” in Parking Lot Case PA Supreme Court Refuses Narrow Definition of Employer’s “Premises” in Parking Lot CaseWhere a Florida employer, for unknown reasons, stopped paying an injured worker PTD benefits in 1987 regarding the claimant’s accepted claim, but the Division of Workers’ Compensation (“the Division”) continued...
Claims Regarding 40-Year-Old Injury Not Barred by Florida Statute of Limitations Claims Regarding 40-Year-Old Injury Not Barred by Florida Statute of LimitationsIn a well-expressed opinion that illustrates how an appellate court is sometimes required to construe an ambiguous statute, the Supreme Court of New Mexico held that while there was no...
NM Supreme Court Applies IME Statute to Death Benefit Cases NM Supreme Court Applies IME Statute to Death Benefit CasesWhere an Expert Medical Advisor (EMA) clearly indicated in his report that a claimant had not reached MMI because of the claimant’s need for future surgery, it was error for...
Florida JCC May Not Ignore Clear Opinion of Expert Medical Advisor Florida JCC May Not Ignore Clear Opinion of Expert Medical AdvisorAcknowledging that an employee’s refusal of vocational rehabilitation services can constitute voluntary abandonment of the workforce for disability compensation purposes, an Ohio appellate court held that such a refusal does...
Ohio Worker Gets PTD Benefits in Spite of Refusing Vocational Rehab Ohio Worker Gets PTD Benefits in Spite of Refusing Vocational RehabIllustrating the narrow rule that Arkansas utilizes to determine if an injury arises out of and in the course of the employment, a state appellate court recently affirmed the denial...
On-Premises Slip and Fall Not Compensable for Arkansas Worker On-Premises Slip and Fall Not Compensable for Arkansas WorkerIn a decision illustrating the broad latitude given to Missouri’s Labor & Industrial Relations Commission in judging the weight of medical evidence, a panel of a state appellate court recently...
Missouri Worker Fails to Connect Tinnitus to Work-Related Brawl Missouri Worker Fails to Connect Tinnitus to Work-Related BrawlWhere a hospital worker, who had arrived at her employer’s facility one hour prior to the time she was supposed to clock in (which was her habit), sustained injuries as...
Hospital Worker’s Injuries Exiting Elevator Cannot Support Tort Suit Against Louisiana Employer Hospital Worker’s Injuries Exiting Elevator Cannot Support Tort Suit Against Louisiana Employer