A civil action filed by an injured worker against a third-party claims administrator for alleged improper claims handling may proceed, held a Delaware court recently [see Ferrari v. Helmsman Mgmt....
Delaware Worker's Tort Suit Against TPA May Continue Delaware Worker's Tort Suit Against TPA May ContinueThe North Carolina Supreme Court, in a split decision, reversed an earlier decision by the state's Court of Appeals, and held that because the employer's commercial auto policy contained an...
Special Endorsement in NC Commercial Auto Policy Sinks Employer/Insurer's Subrogation Claim Special Endorsement in NC Commercial Auto Policy Sinks Employer/Insurer's Subrogation ClaimA Washington appellate court reversed a determination by a state superior court that had determined that a staffing firm, which assigned temporary workers to a specific entity, could be liable...
Washington Staffing Firm Was Not Employer For Purposes of Safety Violations Washington Staffing Firm Was Not Employer For Purposes of Safety ViolationsIn a split decision, the Superior Court of Pennsylvania held that a well owner and another firm that provided well services to the well owner were not the statutory employers...
Pennsylvania Well Owner and Service Provider Were Not Statutory Employers of Truck Driver Making Delivery Pennsylvania Well Owner and Service Provider Were Not Statutory Employers of Truck Driver Making DeliveryThe Supreme Court of Minnesota recently held that a health care provider who voluntarily declined to intervene in a pending workers’ compensation proceeding after receiving timely and adequate notice of...
Minnesota Chiropractor's Inaction Causes Loss of $9K in Medical Care Charges Minnesota Chiropractor's Inaction Causes Loss of $9K in Medical Care ChargesA 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 Condition