A Delaware appellate court affirmed a finding by the state’s Industrial Accident Board that pursuant to the Workers’ Compensation Act, an injured worker was not entitled to reimbursement for tolls...
Injured Delaware Worker May Not Recover Toll and Parking Charges Associated with Traveling to Medical Appointments Injured Delaware Worker May Not Recover Toll and Parking Charges Associated with Traveling to Medical AppointmentsAppeals Court Says She Was Not Subject to Special Risk of Injury A Virginia appellate court reversed an award of workers’ compensation benefits to a licensed professional counselor who was...
Virginia Counselor’s Injuries While Attending Mandatory Off-Site Training Were Not Compensable Virginia Counselor’s Injuries While Attending Mandatory Off-Site Training Were Not CompensableIn a split decision, the Supreme Court of Minnesota held that an employee, who sustained a work-related injury and who was receiving workers’ compensation benefits, may proceed against his employer...
Claim Under Minnesota’s Human Rights Act Not Barred by Exclusive Remedy Rule Claim Under Minnesota’s Human Rights Act Not Barred by Exclusive Remedy RuleIn New York, where an injured employee dies without leaving a surviving spouse, child under 18 years old or dependent, only that portion of the employee's schedule loss of use...
NY Worker’s Estate Entitled Only to Portion of Posthumous Schedule Loss of Use Award NY Worker’s Estate Entitled Only to Portion of Posthumous Schedule Loss of Use AwardConstruing Kentucky’s “up-the-ladder” statutory employer framework, a state appellate court recently reiterated that workers' compensation immunity is extended to contractors—those who contract with another to have work performed of a...
“Regular” or “Recurrent” is Key to Statutory Employer Issue in Kentucky “Regular” or “Recurrent” is Key to Statutory Employer Issue in Kentucky$14 Million Verdict Stands, Worker’s Duties, Although “Essential,” Were Not Part of Defendant’s Business In a South Carolina wrongful death action, the state’s Court of Appeals recently affirmed a trial...
SC Court Affirms Finding That Maintenance Worker Was Not Statutory Employee of Manufacturer SC Court Affirms Finding That Maintenance Worker Was Not Statutory Employee of ManufacturerReverses Lower Court That Disallowed TD Benefits Since Firefighter Had No Lost Wages Earlier today, reversing a late 2017 decision of the state’s Appellate Division [see my earlier discussion of...
NJ Supreme Court Says Unemployed Volunteer Firefighter Deserves Temporary Disability Benefits NJ Supreme Court Says Unemployed Volunteer Firefighter Deserves Temporary Disability BenefitsRules of Evidence Do Not Strictly Apply to Comp Hearings Stressing that in workers’ compensation hearings, the Kansas Rules of Evidence do not apply and that even hearsay evidence may...
Divided Kansas Court Says Lab Test Results Showing Marijuana Were Admissible Divided Kansas Court Says Lab Test Results Showing Marijuana Were AdmissibleTennessee Employer Does Enjoy Lien for Disability Indemnity & Medical Expenses In a case of first impression, a Tennessee appellate court recently held that an employer does not enjoy a...
Nurse Case Management Fees Not Part of Employer’s Subrogation Lien Nurse Case Management Fees Not Part of Employer’s Subrogation LienOregon Court Says “Impossibility” May be Established by Medical “Probability” Oregon, like the majority of American jurisdictions, employs the “last injurious exposure” rule to assign liability among multiple employers in...
Last Injurious Exposure: What Does “Impossible” Mean? Last Injurious Exposure: What Does “Impossible” Mean?Employer’s Payment of Medical Charges Revives Expired Statute of Limitations Reversing the state’s Workers’ Compensation Board, which had relied upon what it thought was established precedent (i.e., a 1936 decision...
Kansas Court of Appeals Jettisons 82-Year-Old Supreme Court Precedent Kansas Court of Appeals Jettisons 82-Year-Old Supreme Court PrecedentViolation of Known Safety Rule Prevents Recovery for Injuries A decision to enter a fenced area at the employer’s facility through an unapproved opening, instead of through the approved interlock...
Virginia Worker’s “Short-Cut” Results in Denial of Benefits Virginia Worker’s “Short-Cut” Results in Denial of Benefits