Category: Case comment

May 30, 2018

Vermont “Volunteer” Driver for Transit Authority is not an Employee

Driver’s Mileage Reimbursement Did not Constitute “Wages” Reimbursement for mileage driven at rates established by the Internal Revenue Service is not “wages” as defined by Vt. Stat. Ann. tit. 21,...

Vermont “Volunteer” Driver for Transit Authority is not an Employee Vermont “Volunteer” Driver for Transit Authority is not an Employee
May 24, 2018

Maryland High Court Says Bus Driver’s Accident Traveling to Training Session May Have Been “Special Mission”

Claim Not Barred, as a Matter of Law, by Going and Coming Rule A county bus driver, who sustained injuries in an auto accident as she traveled to attend a...

Maryland High Court Says Bus Driver’s Accident Traveling to Training Session May Have Been “Special Mission” Maryland High Court Says Bus Driver’s Accident Traveling to Training Session May Have Been “Special Mission”
May 17, 2018

NC Employee’s Injuries From Fainting After Toking on E-Cigarette Did Not Arise From the Employment

The North Carolina Court of Appeals affirmed the denial of workers’ compensation benefits to a city employee who sustained serious injuries to his right hip, back, and head when he...

NC Employee’s Injuries From Fainting After Toking on E-Cigarette Did Not Arise From the Employment NC Employee’s Injuries From Fainting After Toking on E-Cigarette Did Not Arise From the Employment
May 15, 2018

Alaska’s High Court Upholds Total Bar of Recovery for Non-Dependent Parents of Deceased Employees

Parent Faces “Catch-22”: Wrongful Death Claim Barred by Exclusivity, Yet No Workers’ Comp Benefits Available The Supreme Court of Alaska, in Burke v. Raven Elec., 2018 Alas. LEXIS 64 (May...

Alaska’s High Court Upholds Total Bar of Recovery for Non-Dependent Parents of Deceased Employees Alaska’s High Court Upholds Total Bar of Recovery for Non-Dependent Parents of Deceased Employees
May 14, 2018

Divided OK Supreme Court Reverses Denial of Claim Involving Travel to Work Site

In a divided decision, the Supreme Court of Oklahoma reversed a lower court’s finding and held that a pipeline installation worker’s injuries sustained in a vehicular accident while traveling to...

Divided OK Supreme Court Reverses Denial of Claim Involving Travel to Work Site Divided OK Supreme Court Reverses Denial of Claim Involving Travel to Work Site
May 11, 2018

Montana: Both Parties to Employee Leasing Arrangement Enjoy Exclusive Remedy of State’s Workers’ Compensation Act

Constitutional Provision Protecting Only “Immediate” Employers Does Not Limit Immunity In a decision that has important implications for Montana firms that utilize professional employer organizations (“PEOs”) for their labor forces,...

Montana: Both Parties to Employee Leasing Arrangement Enjoy Exclusive Remedy of State’s Workers’ Compensation Act Montana: Both Parties to Employee Leasing Arrangement Enjoy Exclusive Remedy of State’s Workers’ Compensation Act
May 2, 2018

California High Court Narrows Rule For Classification of Workers as Independent Contractors

CA Employers: Stock Up on Your W-2s; Recycle Your 1099s In a decision that continues California’s trend toward allowing the designation of a worker as an independent contractor only under...

California High Court Narrows Rule For Classification of Workers as Independent Contractors California High Court Narrows Rule For Classification of Workers as Independent Contractors
Apr 30, 2018

Ohio Auto Insurers: Beware of Nascent Workers Comp Claims

High Court Says BWC Has Subrogation Interest in Spite of Denial of Claim In a decision that should impact settlement procedures in virtually all personal injury cases within the state...

Ohio Auto Insurers: Beware of Nascent Workers Comp Claims Ohio Auto Insurers: Beware of Nascent Workers Comp Claims
Apr 19, 2018

NC Court Approves Medical Claim for Non-FDA-Approved Compound Cream

A North Carolina appellate court recently held that non-FDA-approved drugs could not be categorically excluded from medical compensation under the state’s workers’ compensation system [Davis v. Craven County ABC Bd.,...

NC Court Approves Medical Claim for Non-FDA-Approved Compound Cream NC Court Approves Medical Claim for Non-FDA-Approved Compound Cream
Apr 18, 2018

PA Court Nixes Chiropractor’s Separate Charges for “Office Visits” in Connection with Treatments

A Pennsylvania appellate court has concluded that an examination involving no new medical condition, change in medical condition, or other circumstances that require an examination and assessment above and beyond...

PA Court Nixes Chiropractor’s Separate Charges for “Office Visits” in Connection with Treatments PA Court Nixes Chiropractor’s Separate Charges for “Office Visits” in Connection with Treatments
Apr 12, 2018

No Recovery For Swooning Virginia EMT

Repeat After Me: “Correlation Doesn’t Mean Causation” The Virginia Court of Appeals recently reversed an award of workers’ compensation benefits to an emergency room paramedic who fainted, sustaining a skull...

No Recovery For Swooning Virginia EMT No Recovery For Swooning Virginia EMT
Apr 3, 2018

20 Shades of Gray: NY Court Construes “Risks of Street Travel” Rule

Where a New York office worker sustained injuries when she tripped and fell while walking on a public sidewalk approximately 20 feet from the door to the building that contained...

20 Shades of Gray: NY Court Construes “Risks of Street Travel” Rule 20 Shades of Gray: NY Court Construes “Risks of Street Travel” Rule