Where a New Jersey resident filed an online application for employment with a New York furniture company, received a phone call at his home to arrange an interview at the...
New Jersey Has Jurisdiction to Hear Claim for Out-of-State Injury Where Employment Contract Completed Within the State New Jersey Has Jurisdiction to Hear Claim for Out-of-State Injury Where Employment Contract Completed Within the StateA Florida appellate court ruled that a state judge of compensation claims erred when the JCC awarded benefits to a correctional officer under the state’s Heart-Lung statute, which generally provides...
Florida Correctional Department Successfully Rebuts Heart-Lung Presumption Florida Correctional Department Successfully Rebuts Heart-Lung PresumptionIn a case that echoes the plight of all too many injured workers in the U.S., the Supreme Court of Tennessee has overturned a decision of a state chancery court...
Tennessee Widow Loses Battle Related to Injured Worker’s Overdose Death Tennessee Widow Loses Battle Related to Injured Worker’s Overdose DeathWhile issue preclusion generally applies to the decisions of Workers’ Compensation Boards and Commissions, just as it does generally to court decisions [see, e.g., Larson’s Workers’ Compensation Law, § 127.07],...
Arbitrator’s Decision in PA Heart and Lung Hearing is Not Binding on Workers’ Compensation Judge Arbitrator’s Decision in PA Heart and Lung Hearing is Not Binding on Workers’ Compensation JudgeWhere a highway construction worker, who had completed a strenuous shift of work on a hot summer day, lost consciousness, and fell to the ground in the presence of his...
Employer Not Prejudiced by Lack of Formal Notice When Supervisor Witnessed the Employee’s Injury Employer Not Prejudiced by Lack of Formal Notice When Supervisor Witnessed the Employee’s InjuryWhere a registered nurse claimed that she sustained work-related injuries consisting of insomnia, depression, post traumatic stress disorder, and severe social phobia when she was wrongfully terminated, reinstated, and then...
New York: Nurse’s Stress Claim Tied to Bona Fide Personnel Decision is Not Compensable New York: Nurse’s Stress Claim Tied to Bona Fide Personnel Decision is Not CompensableAcknowledging that N.Y. Work. Comp. Law § 21 provides a presumption of compensability where the decedent’s initial injury occurs while he or she at work, a New York appellate court...
New York Deputy Sheriff’s Fatal Heart Attack at Home is Not Compensable New York Deputy Sheriff’s Fatal Heart Attack at Home is Not CompensableReiterating that Georgia Superior Courts are required to give appropriate deference to the factual findings of the Appellate Division of the Board of Workers’ Compensation, the Court of Appeals of...
Employer-Provided Motel Room Insufficient to Transform Georgia Worker into Traveling Employee Employer-Provided Motel Room Insufficient to Transform Georgia Worker into Traveling EmployeeIn an unpublished decision, an Arizona appellate court found that the evidence in the record supported an ALJ’s award of workers’ compensation benefits to an office worker who sustained a...
Worker’s Fall Was Not Idiopathic, in Spite of Opinion Offered by IME Worker’s Fall Was Not Idiopathic, in Spite of Opinion Offered by IMEA Pittsburgh International Airport airport employee, whose job consisted of driving a luggage transport “tug,” and who sustained serious injuries when she flipped her tug as she traveled to one...
Airport Luggage Transport Driver Recovers Under Personal Comfort Doctrine Airport Luggage Transport Driver Recovers Under Personal Comfort DoctrineA locker room attendant at a Queensbury country club, who had his left testicle surgically removed following a bizarre incident in which the attendant was struck in the groin by...
“Fore”: Country Club Locker Room Attendant Struck in Groin by Golf Club Shaft May Sue Co-Employee “Fore”: Country Club Locker Room Attendant Struck in Groin by Golf Club Shaft May Sue Co-EmployeeYesterday, in a divided decision, the Supreme Court of South Carolina, overruling an earlier decision of the state’s Court of Appeals, held that evidence of subsequent employment is insufficient by...
S.C. Supreme Court Says Return to Work Insufficient to Rebut Presumption of PTD Where Impairment to Back is Greater Than 50 Percent S.C. Supreme Court Says Return to Work Insufficient to Rebut Presumption of PTD Where Impairment to Back is Greater Than 50 Percent