Post-Mortem Shows Marijuana, Fentanyl, and Alcohol in Deceased Employee’s System In what appears to be the first case of its kind—an action filed against an employer for its allegedly inadequate...
Ohio Widow’s Action Against Ford for Failure to Implement Substance Abuse Policy is Barred by Exclusivity Defense Ohio Widow’s Action Against Ford for Failure to Implement Substance Abuse Policy is Barred by Exclusivity DefenseThe Supreme Court of Kentucky, affirming a lower court’s decision denying workers’ compensation benefits to a bus driver who alleged that he sustained injuries in an altercation with a passenger,...
Aggressive Kentucky Bus Driver Denied Benefits for Injuries Sustained in Fight with Passenger Aggressive Kentucky Bus Driver Denied Benefits for Injuries Sustained in Fight with PassengerA Colorado appellate court recently held that a workers’ compensation claimant may not be placed at the point of maximum medical improvement (MMI) where neither the claimant’s treating physician nor...
Colorado ALJ May Not Find MMI Without Appropriate Expert Medical Opinion Colorado ALJ May Not Find MMI Without Appropriate Expert Medical OpinionOpinion Raises as Many Questions as It Answers Last Thursday (March 7), the Supreme Court of New Hampshire handed down a decision that reversed, in pertinent part, a state Appeals...
NH High Court Issues Ruling on Medical Marijuana for Injured Worker—Sort of NH High Court Issues Ruling on Medical Marijuana for Injured Worker—Sort ofAn Ohio appellate court recently held that the state’s Industrial Commission did not err when it suspended the claim of an injured worker based on his refusal to undergo psychological...
Ohio Worker’s Claim Suspended After Refusal to Undergo Psychological Testing Ohio Worker’s Claim Suspended After Refusal to Undergo Psychological TestingA 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 Benefits