The 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 OwnIn a complex case, with procedural twists and turns, the Supreme Court of Wyoming reversed a finding that an employee’s claim for workers’ compensation benefits was barred because he failed...
Wyoming High Court Says Both Employer and Division of Workers’ Compensation Estopped From Using Statute of Limitations Defense Wyoming High Court Says Both Employer and Division of Workers’ Compensation Estopped From Using Statute of Limitations DefenseThe Supreme Court of Utah affirmed a finding by the state’s Labor Commission that an employee’s injuries sustained in an unexplained fall in a parking lot adjacent to the employer’s...
Utah High Court Comes Close to Adopting Positional Risk for Unexplained Falls Utah High Court Comes Close to Adopting Positional Risk for Unexplained FallsWhile hypothetical questions may have been the standard in law school courses taught via the Socratic Method, the Sixth Circuit recently held such questions are not to be considered by...
Sixth Circuit Side-Steps Federal Immigration Issue in Retaliatory Discharge Action Sixth Circuit Side-Steps Federal Immigration Issue in Retaliatory Discharge ActionA Funny Thing Happened on the Way to the Doctor. I shared a nostalgic conversation last week with a similarly-aged J.D. about our early days of law practice. More than...
Tourist Medicine May Be Coming to a Comp Claim Near You Tourist Medicine May Be Coming to a Comp Claim Near YouThe provision by an employer of a company-owned vehicle was insufficient to establish a work-connection between an employee’s fatal vehicle accident and the employment, held a Texas appellate court recently...
Provision of Vehicle to Employee Not Controlling Factor in Texas Death Benefits Case Provision of Vehicle to Employee Not Controlling Factor in Texas Death Benefits CaseQuestions of employer immunity from actions for workplace injuries do not raise issues pertaining to the original subject matter jurisdiction of Washington's superior courts, held a state appellate court in...
Rule 12(b)(1) vs. 12(b)(6): What’s the Difference? Parties Discover that With Motions to Dismiss, Subsections Matter Rule 12(b)(1) vs. 12(b)(6): What’s the Difference? Parties Discover that With Motions to Dismiss, Subsections MatterConstruing Tex. Lab. Code Ann. § 408.001(b), which provides that the exclusive remedy provision of the Texas Workers’ Compensation Act does not prohibit the recovery of exemplary damages by the...
Texas Gross Negligence Statute Requires Showing of Both Objective and Subjective Elements Texas Gross Negligence Statute Requires Showing of Both Objective and Subjective ElementsIn a divided decision, the Court of Appeals of Maryland yesterday held that since there was no showing that a first responder had a concomitant preexisting condition, and since he...
Maryland First Responder’s Degenerative Knee Condition is Occupational “Disease” Maryland First Responder’s Degenerative Knee Condition is Occupational “Disease”Where one North Dakota worker was killed and another seriously injured in a work-related explosion, neither the deceased worker’s parents nor the injured worker could maintain a civil action against...
Receipt of Benefits Bars Worker and Parents of Deceased Worker From Maintaining Civil Actions Against North Dakota “Employer” Receipt of Benefits Bars Worker and Parents of Deceased Worker From Maintaining Civil Actions Against North Dakota “Employer”A partially-divided Supreme Court of Ohio has affirmed a decision by a lower level appellate court that, in turn, had refused to vacate an order terminating an injured worker’s PTD...
Bartering Arrangement Results in Loss of PTD Benefits for Ohio Man Bartering Arrangement Results in Loss of PTD Benefits for Ohio Man