Defendant Driver Was “Borrowed” Co-Employee and Immune From Suit. In a declaratory judgment action to determine if an automobile liability insurance company was required to defend its insured against an...
NC Auto Insurer Need Not Defend Wrongful Death Action NC Auto Insurer Need Not Defend Wrongful Death ActionCourt Says Issue of Fact Existed as to Whether Worker “Consented” to Special Employment Status. In a decision that could alter the way some labor brokers manage their businesses within...
Washington Special Employers May Not Be So “Special” After All Washington Special Employers May Not Be So “Special” After AllIn order to establish entitlement to an award for permanent partial loss of sight under Ohio Rev. Code § 4123.57(B), a workers’ compensation claimant must submit medical evidence showing the...
Ohio Claimant’s Vision Loss May Not Be Judged Merely by Snellen Fraction Differentials Ohio Claimant’s Vision Loss May Not Be Judged Merely by Snellen Fraction DifferentialsIn a memorandum decision that illustrates one of the several important distinctions between the tort law world, which tends to emphasize property rights (converting, if you will, even pain and...
West Virginia: No Dependency Established Where Daughter Had not Lived With Employee for 25 Years West Virginia: No Dependency Established Where Daughter Had not Lived With Employee for 25 YearsIn Colorado, the statute of limitations applicable to the state’s Workers’ Compensation Act [Colo. Rev. Stat. § 8-43-103(2)] is not tolled by the filing of the employer’s first report of...
Colorado Employer’s First Report of Injury and Other Preliminary Filings Do Not Toll Statute of Limitations Colorado Employer’s First Report of Injury and Other Preliminary Filings Do Not Toll Statute of LimitationsThe 2017 amendment to N.Y. Workers’ Comp. Law § 15(3)(w), which relieves some permanently partially disabled claimants of the obligation to show labor market attachment, does not apply retroactively in all...
NY Court: “Attachment to Labor Market” Amendment Not Always Applied Retroactively NY Court: “Attachment to Labor Market” Amendment Not Always Applied RetroactivelyWhere the Michigan Legislature had promulgated one right of reimbursement for overpayment of workers’ compensation benefits—allowing recovery of the overpayment made within one year of the recoupment action under MCL...
Michigan Commission May Not Establish Overpayment Rules Re: Workers’ Comp Benefits on its Own Michigan Commission May Not Establish Overpayment Rules Re: Workers’ Comp Benefits on its OwnIn a complex case, with procedural twists and turns, the Supreme Court of Wyoming reversed a finding that an employee’s claim for workers’ compensation benefits was barred because he failed...
Wyoming High Court Says Both Employer and Division of Workers’ Compensation Estopped From Using Statute of Limitations Defense Wyoming High Court Says Both Employer and Division of Workers’ Compensation Estopped From Using Statute of Limitations DefenseThe Supreme Court of Utah affirmed a finding by the state’s Labor Commission that an employee’s injuries sustained in an unexplained fall in a parking lot adjacent to the employer’s...
Utah High Court Comes Close to Adopting Positional Risk for Unexplained Falls Utah High Court Comes Close to Adopting Positional Risk for Unexplained FallsWhile hypothetical questions may have been the standard in law school courses taught via the Socratic Method, the Sixth Circuit recently held such questions are not to be considered by...
Sixth Circuit Side-Steps Federal Immigration Issue in Retaliatory Discharge Action Sixth Circuit Side-Steps Federal Immigration Issue in Retaliatory Discharge ActionA Funny Thing Happened on the Way to the Doctor. I shared a nostalgic conversation last week with a similarly-aged J.D. about our early days of law practice. More than...
Tourist Medicine May Be Coming to a Comp Claim Near You Tourist Medicine May Be Coming to a Comp Claim Near YouThe provision by an employer of a company-owned vehicle was insufficient to establish a work-connection between an employee’s fatal vehicle accident and the employment, held a Texas appellate court recently...
Provision of Vehicle to Employee Not Controlling Factor in Texas Death Benefits Case Provision of Vehicle to Employee Not Controlling Factor in Texas Death Benefits Case