Court’s Ruling of No Occupational Disease Does Not Bar Claim (After Remittal) for Accidental Injury Where a New York appellate court reversed the state Workers’ Compensation Board’s finding that a...
NY Claimant Establishes Aspergillosis Claim as an Accidental Injury NY Claimant Establishes Aspergillosis Claim as an Accidental InjuryA temporary staffing agency worker may not maintain a cause of action against a “borrowing employer” for personal injuries sustained in a work-related accident in spite of the fact that...
For Illinois “Borrowing Employer,” Exclusive Remedy Defense Not Tied to Payment of Insurance Premiums For Illinois “Borrowing Employer,” Exclusive Remedy Defense Not Tied to Payment of Insurance PremiumsA New York appellate court held the state’s Workers’ Compensation Board could reasonably conclude that a claimant had not made false statements or other misrepresentations for the purpose of obtaining...
Injured Worker’s Failure to Mention Involvement in Side Business Did Not Result in Disqualification Injured Worker’s Failure to Mention Involvement in Side Business Did Not Result in DisqualificationPA Criminal Defendant Who Can’t Make Bond is Not Disqualified From Benefits. Stressing that a provision within the Pennsylvania Workers’ Compensation Act [77 Pa. Stat. § 511.1] that requires suspension...
What a Difference a Word Makes! What a Difference a Word Makes!A Georgia employee’s negligence claim against his employer for allegedly denying him access to medical care and insurance coverage following an injury in a vehicular crash is barred by the...
Georgia Employee May Not Sue Employer for Negligent Denial of Medical Care Following Injury Georgia Employee May Not Sue Employer for Negligent Denial of Medical Care Following InjuryFinding that both the Oregon Workers’ Compensation Board and the state’s Court of Appeals had erroneously utilized the appropriate legal standard in their attempts to determine whether a bank employee’s...
Oregon Supreme Court Clarifies Standard in Unexplained Fall Cases Oregon Supreme Court Clarifies Standard in Unexplained Fall CasesLack of Jury Trial and Limited Damages Pass Constitutional Muster Oklahoma’s retaliatory discharge statute [85A O.S.Supp. 2013 § 7], which restricts jurisdiction in relevant instances to the Workers’ Compensation Commission...
Oklahoma’s Retaliatory Discharge Statute Withstands Constitutional Challenge Oklahoma’s Retaliatory Discharge Statute Withstands Constitutional ChallengeA North Carolina worker, who alleged that he was negligently diagnosed and treated by his employer’s plant nurse after suffering a stroke at work, may proceed in tort against that...
NC Worker May Proceed in Tort Against Employer and Plant Nurse for Negligent Treatment NC Worker May Proceed in Tort Against Employer and Plant Nurse for Negligent TreatmentOnce an Idaho claimant has filed a complaint seeking disability benefits, the employer may require her to attend a medical examination under Idaho Code § 72-433, held the Supreme Court...
Idaho Worker Seeking Disability Benefits May Not Avoid Independent Medical Exam Idaho Worker Seeking Disability Benefits May Not Avoid Independent Medical ExamPublic assistance benefits paid to participants in a New York work experience program (WEP) are “wages,” as that term is defined in the state’s Workers’ Compensation Law [N.Y. Workers’ Comp....
NY’s Public Assistance Benefits Are Wages for Purposes of Computing Loss of Use Award NY’s Public Assistance Benefits Are Wages for Purposes of Computing Loss of Use AwardA Virginia appellate court, affirming a decision by the state’s Workers’ Compensation Commission, held that a claimant need only prove her accident caused one “sudden mechanical or structural change” to...
Virginia Court Clarifies “Sudden Mechanical or Structural Change” Requirement Virginia Court Clarifies “Sudden Mechanical or Structural Change” RequirementAn Oregon appellate court, construing a specialized exception to the exclusive remedy provision of the state’s Workers’ Compensation Law, agreed in relevant part with a trial court that the personal...
Oregon Court Says Landlord Employers Are Immune From Tort Liability Oregon Court Says Landlord Employers Are Immune From Tort Liability