Minn. Stat. § 176.011, subd. 15(d) (2018), which requires the employee to prove that the employee has been diagnosed with post-traumatic stress disorder (PTSD) by a licensed psychologist or psychiatrist...
Minnesota High Court Explains PTSD Evidentiary Requirements Minnesota High Court Explains PTSD Evidentiary RequirementsGuided by the recent decision of the Supreme Court of Kansas in Estate of Graber v. Dillon Cos., 2019 Kan. LEXIS 67 (Apr. 12, 2019)[extended discussion of Graber can be...
Kansas Hospital Worker Recovers for Two Unexplained Falls Kansas Hospital Worker Recovers for Two Unexplained FallsA Texas appellate court recently affirmed a trial court’s summary judgment in favor of an employer in a gross negligence action filed against it by the family of a worker...
Texas Employer Not Liable for Gross Negligence After Heat-Related Death Texas Employer Not Liable for Gross Negligence After Heat-Related DeathA former pharmaceutical employee, who contended his employer and its CEO forced him to use a proposed (and non-FDA approved) nasal spray medication that the employer was trying to develop...
Former NJ Employee’s Tort Suit Alleging Pharma Employer Forced Him to Use Non-FDA Approved Nasal Spray is Barred by Exclusivity Rule Former NJ Employee’s Tort Suit Alleging Pharma Employer Forced Him to Use Non-FDA Approved Nasal Spray is Barred by Exclusivity RuleStressing that a workers’ compensation claimant may recover not only for injuries that directly result from an employment accident, but also for subsequent, consequential injuries that are causally connected to...
Virginia Claimant Awarded Benefits for Right Knee Condition More than 10 Years after Injury to Left Knee Virginia Claimant Awarded Benefits for Right Knee Condition More than 10 Years after Injury to Left KneeA provision in Ohio Rev. Code Ann. § 4123.88(A) that bars any person, either directly or indirectly, from soliciting authority to represent a claimant or employer in respect of a...
Ohio Statute Prohibiting “Solicitation” in Workers’ Compensation Claims or Appeals Violates First Amendment Ohio Statute Prohibiting “Solicitation” in Workers’ Compensation Claims or Appeals Violates First AmendmentA New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that a former fireman violated N.Y. Workers’ Comp. Law § 114-a when he represented in a...
Videotape Surveillance Dooms Former NY Firefighter’s Right to Continued Wage Replacement Benefits Videotape Surveillance Dooms Former NY Firefighter’s Right to Continued Wage Replacement BenefitsA New York claimant’s Application for Review was defective where she failed to provide any information in the box for question 13 of the RB-89 form, held a New York...
“Unlucky 13”: Failing to Answer Question on RB-89 Dooms NY Claimant’s Application for Board Review “Unlucky 13”: Failing to Answer Question on RB-89 Dooms NY Claimant’s Application for Board ReviewWhere a Minnesota bus driver, who had been injured in a work-related motor vehicle accident, sought and received chiropractic care from one provider, but the workers’ compensation carrier refused to...
Minnesota: No-Fault Auto Insurer Must Pay Injured Worker’s “Additional” Chiropractic Charges Minnesota: No-Fault Auto Insurer Must Pay Injured Worker’s “Additional” Chiropractic ChargesFaced with a direct conflict between two statutes of limitation, the first [ORS 30.275(9)] indicating that “notwithstanding any other … statute providing a limitation on the commencement of an action,”...
Oregon Court Resolves Statutory Dilemma Between Conflicting Statutes of Limitation Oregon Court Resolves Statutory Dilemma Between Conflicting Statutes of LimitationQuoting Larson’s Workers’ Compensation Law, § 21.02, the District of Columbia Court of Appeals vacated a decision of the D.C.’s Compensation Review Board (CRB) that had denied workers’ compensation benefits...
D.C. Subway Manager’s Injuries During Two-Hour Break Found Compensable D.C. Subway Manager’s Injuries During Two-Hour Break Found CompensableYesterday, the Court of Special Appeals of Maryland, in a case of first impression, adopted the three-part test for compensability of injuries to home-based employees described in Larson’s Workers’ Compensation...
Maryland Home-Based Worker’s Fall Outside His Home Might Be Compensable Maryland Home-Based Worker’s Fall Outside His Home Might Be Compensable