Questions of employer immunity from actions for workplace injuries do not raise issues pertaining to the original subject matter jurisdiction of Washington's superior courts, held a state appellate court in...
Rule 12(b)(1) vs. 12(b)(6): What’s the Difference? Parties Discover that With Motions to Dismiss, Subsections Matter Rule 12(b)(1) vs. 12(b)(6): What’s the Difference? Parties Discover that With Motions to Dismiss, Subsections MatterConstruing Tex. Lab. Code Ann. § 408.001(b), which provides that the exclusive remedy provision of the Texas Workers’ Compensation Act does not prohibit the recovery of exemplary damages by the...
Texas Gross Negligence Statute Requires Showing of Both Objective and Subjective Elements Texas Gross Negligence Statute Requires Showing of Both Objective and Subjective ElementsIn a divided decision, the Court of Appeals of Maryland yesterday held that since there was no showing that a first responder had a concomitant preexisting condition, and since he...
Maryland First Responder’s Degenerative Knee Condition is Occupational “Disease” Maryland First Responder’s Degenerative Knee Condition is Occupational “Disease”Where one North Dakota worker was killed and another seriously injured in a work-related explosion, neither the deceased worker’s parents nor the injured worker could maintain a civil action against...
Receipt of Benefits Bars Worker and Parents of Deceased Worker From Maintaining Civil Actions Against North Dakota “Employer” Receipt of Benefits Bars Worker and Parents of Deceased Worker From Maintaining Civil Actions Against North Dakota “Employer”A partially-divided Supreme Court of Ohio has affirmed a decision by a lower level appellate court that, in turn, had refused to vacate an order terminating an injured worker’s PTD...
Bartering Arrangement Results in Loss of PTD Benefits for Ohio Man Bartering Arrangement Results in Loss of PTD Benefits for Ohio ManThe Supreme Court of New Hampshire recently affirmed a decision of the state’s Compensation Appeals Board (CAB) that denied death benefits to the widow of a worker who died of...
New Hampshire Injured Worker’s Death from Heroin and Oxycodone Overdose is not Compensable New Hampshire Injured Worker’s Death from Heroin and Oxycodone Overdose is not CompensableIn a tale of the “dueling statutes,” the Supreme Court of South Carolina recently held that insurers providing automobile insurance may not reduce their obligations to provide no-fault personal injury...
SC’s Auto Insurance Carriers May Not Offset PIP Benefits by Amounts Insured Receives for Workers’ Comp Benefits SC’s Auto Insurance Carriers May Not Offset PIP Benefits by Amounts Insured Receives for Workers’ Comp BenefitsIn a case that illustrates the difficulties that can arise from intertwined small businesses, a Massachusetts appellate court affirmed a decision of the state’s Industrial Accident Reviewing Board that denied...
Massachusetts Business Owner’s Death in Auto Accident While Attending to Side Business is Not Compensable Massachusetts Business Owner’s Death in Auto Accident While Attending to Side Business is Not CompensableThe U.S. District Court for the Western District of Oklahoma recently held that Oklahoma’s workers’ compensation subrogation statute, 85A Okla. Stat. § 43 does not violate Article 23, Section 7...
Federal Court Says Oklahoma’s Subrogation Statute is Constitutional Federal Court Says Oklahoma’s Subrogation Statute is ConstitutionalIn an unpublished opinion, the Special Workers’ Compensation Appeals Panel of the Supreme Court of Tennessee affirmed a trial court’s finding that an employer failed to meet its burden of...
Tennessee Healthcare Worker’s “Scuffle” With Patient Was Not Willful Misconduct Tennessee Healthcare Worker’s “Scuffle” With Patient Was Not Willful MisconductA New York appellate court affirmed a split decision of the state’s Workers’ Compensation Board that earlier found a claimant’s reduced earnings were the result of economic conditions, rather than...
NY Claimant Fails to Show Reduced Earnings Were Caused by Established Back Injury NY Claimant Fails to Show Reduced Earnings Were Caused by Established Back InjuryManeuvering the difficult space within which a worker’s preexisting condition intersects his or her work-related injury, the Supreme Court of Virginia recently affirmed a decision by the state’s Court of...
Virginia Supreme Court Construes “Two-Cause” Rule for Total Disability Cases Virginia Supreme Court Construes “Two-Cause” Rule for Total Disability Cases