In a diversity insurance case that the court indicated was an issue of first impression, the U.S. District Court for the District of Colorado, construing Colorado law, held that an...
Federal Court in Colorado Holds Injured Employee May Not Recover Under Employer’s Uninsured Motorist Coverage Federal Court in Colorado Holds Injured Employee May Not Recover Under Employer’s Uninsured Motorist CoverageDecision Calls Into Question Whether Per Diem Fines to Uninsured Employers Are Unconstitutionally Harsh The Supreme Court of Colorado, with one justice dissenting in part, recently held that the Eighth...
Colorado High Court Says 8th Amendment’s “Excessive Fines” Prohibition Protects Corporations, as Well as Individuals Colorado High Court Says 8th Amendment’s “Excessive Fines” Prohibition Protects Corporations, as Well as IndividualsEmployer Fails to Show Injury “Fell” Within “Access Doctrine” Exception to Going and Coming Rule A Texas appellate court recently held that an employer—the City of Corpus Christi—failed to show...
Texas Employee’s Tort Action for Fall in Parking Lot Injury May Move Forward Texas Employee’s Tort Action for Fall in Parking Lot Injury May Move ForwardCourt’s Ruling of No Occupational Disease Does Not Bar Claim (After Remittal) for Accidental Injury Where a New York appellate court reversed the state Workers’ Compensation Board’s finding that a...
NY Claimant Establishes Aspergillosis Claim as an Accidental Injury NY Claimant Establishes Aspergillosis Claim as an Accidental InjuryA temporary staffing agency worker may not maintain a cause of action against a “borrowing employer” for personal injuries sustained in a work-related accident in spite of the fact that...
For Illinois “Borrowing Employer,” Exclusive Remedy Defense Not Tied to Payment of Insurance Premiums For Illinois “Borrowing Employer,” Exclusive Remedy Defense Not Tied to Payment of Insurance PremiumsA New York appellate court held the state’s Workers’ Compensation Board could reasonably conclude that a claimant had not made false statements or other misrepresentations for the purpose of obtaining...
Injured Worker’s Failure to Mention Involvement in Side Business Did Not Result in Disqualification Injured Worker’s Failure to Mention Involvement in Side Business Did Not Result in DisqualificationPA Criminal Defendant Who Can’t Make Bond is Not Disqualified From Benefits. Stressing that a provision within the Pennsylvania Workers’ Compensation Act [77 Pa. Stat. § 511.1] that requires suspension...
What a Difference a Word Makes! What a Difference a Word Makes!A Georgia employee’s negligence claim against his employer for allegedly denying him access to medical care and insurance coverage following an injury in a vehicular crash is barred by the...
Georgia Employee May Not Sue Employer for Negligent Denial of Medical Care Following Injury Georgia Employee May Not Sue Employer for Negligent Denial of Medical Care Following InjuryFinding that both the Oregon Workers’ Compensation Board and the state’s Court of Appeals had erroneously utilized the appropriate legal standard in their attempts to determine whether a bank employee’s...
Oregon Supreme Court Clarifies Standard in Unexplained Fall Cases Oregon Supreme Court Clarifies Standard in Unexplained Fall CasesLack of Jury Trial and Limited Damages Pass Constitutional Muster Oklahoma’s retaliatory discharge statute [85A O.S.Supp. 2013 § 7], which restricts jurisdiction in relevant instances to the Workers’ Compensation Commission...
Oklahoma’s Retaliatory Discharge Statute Withstands Constitutional Challenge Oklahoma’s Retaliatory Discharge Statute Withstands Constitutional ChallengeA North Carolina worker, who alleged that he was negligently diagnosed and treated by his employer’s plant nurse after suffering a stroke at work, may proceed in tort against that...
NC Worker May Proceed in Tort Against Employer and Plant Nurse for Negligent Treatment NC Worker May Proceed in Tort Against Employer and Plant Nurse for Negligent TreatmentOnce an Idaho claimant has filed a complaint seeking disability benefits, the employer may require her to attend a medical examination under Idaho Code § 72-433, held the Supreme Court...
Idaho Worker Seeking Disability Benefits May Not Avoid Independent Medical Exam Idaho Worker Seeking Disability Benefits May Not Avoid Independent Medical Exam