The Supreme Court of Tennessee’s Special Workers’ Compensation Appeals Panel recently affirmed a decision by a state trial court awarding an X-ray technician permanent and total disability benefits because of...
Tennessee Court Awards Permanent Total Benefits For Worker’s Migraines Tennessee Court Awards Permanent Total Benefits For Worker’s MigrainesConnecticut, like a host of other states, has a special presumption that aids police officers (and some other first responders) who pass a physical exam at the time of hiring...
Connecticut Police Officer’s Failure to File Timely Hypertension Claim No Bar to Subsequent Claim Related to Myocardial Infarction Connecticut Police Officer’s Failure to File Timely Hypertension Claim No Bar to Subsequent Claim Related to Myocardial InfarctionA number of states, including Illinois, exclude workers’ compensation coverage for some recreational injuries that are deemed by statute to be outside the course and scope of the employment [see...
IL Middle School Teacher’s Injury in Student/Faculty Basketball Game Was Compensable IL Middle School Teacher’s Injury in Student/Faculty Basketball Game Was CompensableAdopting Dr. Arthur Larson’s “divided premises” rule [Larson’s Workers’ Compensation Law § 13.01[4][b]], in which an employee remains within the course and scope of the employment while traveling along or...
South Carolina High Court Adopts Larson’s “Divided Premises” Rule South Carolina High Court Adopts Larson’s “Divided Premises” RuleA Mississippi pipe fitter, who sustained five broken ribs and a spinal cord injury when he fell a distance of approximately 25 feet from the top of a gum tree...
Boys Will Be Boys: Winning Comp Claim Isn’t as Easy as Falling Out of a Tree Boys Will Be Boys: Winning Comp Claim Isn’t as Easy as Falling Out of a TreeNo Coverage Where Tortfeasor Was Co-Employee Answering a question certified to it from a federal district court sitting in New Mexico, that state’s Supreme Court held that an employee injured...
New Mexico High Court Blocks Estate’s Attempt to Go After Employer’s Uninsured Motorist Coverage New Mexico High Court Blocks Estate’s Attempt to Go After Employer’s Uninsured Motorist CoverageFor many of us, it’s uncanny. Within a few days of flying on a commercial jet, we come down with some sort of cold or bronchial disorder. Our intuition tells us...
NY Correction Officer Fails to Link Bronchitis to Commercial Airline Flight NY Correction Officer Fails to Link Bronchitis to Commercial Airline FlightEarlier today (September 13, 2016), in Vasquez v. Dillard’s, Inc., 2016 OK 89, in a 7–2 decision, the Supreme Court of Oklahoma, in one of the most important workers’ compensation...
Oklahoma Supreme Court Strikes Down State’s Opt Out Law Oklahoma Supreme Court Strikes Down State’s Opt Out LawIllustrating the deep—and sometimes bitter—divide between some who espouse clinically oriented medical treatment and others that promote the so-called “best practices” guidelines outlined in evidence-based medicine (EBM), a Special Workers’...
510 Pills Per Month With Little Improvement: Tennessee High Court Allows Change of Physician 510 Pills Per Month With Little Improvement: Tennessee High Court Allows Change of PhysicianEarlier today, the Supreme Court of Connecticut released a decision holding that a widow’s bystander emotional distress action filed against her deceased husband’s employer is barred by the exclusive remedy...
Connecticut High Court: Widow’s Bystander Emotional Distress Action Barred by Exclusivity Connecticut High Court: Widow’s Bystander Emotional Distress Action Barred by ExclusivityIn a split decision, the Supreme Court of Ohio held that compensability of the alleged underlying injury is not a required element in a retaliatory discharge action under Ohio Rev....
Ohio High Court Says Injury is Not Required to Support Retaliatory Discharge Claim Ohio High Court Says Injury is Not Required to Support Retaliatory Discharge ClaimDecision Continues Long National Trend to Treat Farm Workers on Par With Other Employees A provision of the New Mexico Workers’ Compensation Act (Act) [N.M. Stat. Ann. § 52–1–6(A) (2015)]...
New Mexico High Court Strikes Down Farm and Ranch Laborer Exclusion New Mexico High Court Strikes Down Farm and Ranch Laborer Exclusion