Sufficient evidence existed in the record to support the commissioner’s (and the district court’s) determination that a nurse, who worked for the employer providing in-home nursing services to patients, sustained...
Iowa In-Home Nurse’s Injuries in Head-On Collision Compensable in Spite of Slight Deviation From Routine Iowa In-Home Nurse’s Injuries in Head-On Collision Compensable in Spite of Slight Deviation From RoutineQuoting and adopting the discussion found in Larson’s Workers’ Compensation Law, § 142.01, et seq., a New Jersey appellate court held that the fifth “Larson factor”—residency—is insufficient, in and of...
New Jersey Court Says Fifth “Larson” Factor (Residential Status) Not Sufficient to Establish Jurisdiction New Jersey Court Says Fifth “Larson” Factor (Residential Status) Not Sufficient to Establish JurisdictionA notation in a Montana security guard’s daily log that he had been involved in an altercation with an unruly patient at the clinic to which he was assigned and...
Notation in Montana Security Guard’s Daily Log Re: Altercation With Unruly Patient Was Insufficient to Constitute Notice of Claim Notation in Montana Security Guard’s Daily Log Re: Altercation With Unruly Patient Was Insufficient to Constitute Notice of ClaimA New York appellate court affirmed a finding that claimant, a makeup artist, had failed to establish her claim related to an airborne illness (Bartonella bacteria) that she claimed she...
NY Makeup Artist Fails to Establish Bartonella bacteria Claim From Her Exposure to Rats NY Makeup Artist Fails to Establish Bartonella bacteria Claim From Her Exposure to RatsFive Out of Seven Ohio Supreme Court Justices Say Medical Opinion Was Ambiguous In a 5-2 decision, the Supreme Court of Ohio affirmed a finding by the Tenth District Court...
Commentary: The Challenges in Dealing With Cautious Medical Testimony Commentary: The Challenges in Dealing With Cautious Medical TestimonyMinn. 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 Benefits