Yesterday (October 1, 2019), the Court of Appeals of Mississippi affirmed an award of death benefits to the surviving dependents of a hospital material-management technician who was found dead in...
Mississippi Employer Fails to Rebut Presumption That Employee’s Unwitnessed Death was Work-Related Mississippi Employer Fails to Rebut Presumption That Employee’s Unwitnessed Death was Work-RelatedA New York appellate court recently affirmed the findings of the state’s Workers’ Compensation Board that a police officer’s death, from an apparently self-inflicted gunshot wound was not a line-of-duty...
NY Court Affirms Denial of Death Benefits Following Police Officer’s Apparent Suicide NY Court Affirms Denial of Death Benefits Following Police Officer’s Apparent SuicideWhere a worker’s preexisting multiple sclerosis (“MS”) was non-disabling and undiagnosed at the time he suffered a slip and fall injury on ice, striking his head on the pavement, it...
NY Board Errs in Apportioning Disability to Preexisting Multiple Sclerosis NY Board Errs in Apportioning Disability to Preexisting Multiple SclerosisA $500 penalty assessed against a claimant’s attorney by New York’s Workers’ Compensation Board was affirmed by a state appellate court [Matter of Curcio v Sherwood 370 Mgt., LLC, 2019...
NY Board’s $500 Penalty Against Claimant’s Attorney Affirmed NY Board’s $500 Penalty Against Claimant’s Attorney AffirmedA products liability/strict liability and negligence action filed by an employee against an employer based upon the employer’s earlier merger with the firm that had manufactured the allegedly defective product...
Federal Court Nixes SD Employee’s Attempted Use of Dual Capacity Doctrine Federal Court Nixes SD Employee’s Attempted Use of Dual Capacity DoctrineDefendant 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 Own