Landlord Could Not Implead Tenant/Employer In Injured Employee’s Suit Where Employer Was Not Negligent The exclusive remedy provision of the Delaware Workers’ Compensation Act [Del. Code Ann. tit. 19, §...
Exclusive Remedy Defense Protects Some Employers In Spite of Express Indemnification Agreement Exclusive Remedy Defense Protects Some Employers In Spite of Express Indemnification AgreementA Florida appellate court has upheld the constitutionality of a provision within the state’s Workers’ Compensation Act [§ 440.093(3), Fla. Stat.] that cuts off temporary benefits for psychiatric injuries six...
Florida’s 6-Month Limitation on Temporary “Physical-Mental” Benefits is Constitutional Florida’s 6-Month Limitation on Temporary “Physical-Mental” Benefits is ConstitutionalDeeply Divided Florida Court Says Risk of Tripping Did Not Arise Out of Employment Emphasizing that eligibility for workers’ compensation benefits turns on whether the employment led to the risk...
No Recovery for Home-Based Workers’ Comp Adjuster Who Trips Over Her Dog No Recovery for Home-Based Workers’ Comp Adjuster Who Trips Over Her DogThe administrator of the estate of an Illinois employee killed in a work-related vehicular accident may not utilize the state’s “One Day Rest in Seven Act” (“ODRA”)[820 Ill. Comp. Stat....
Plaintiff May Not Use Illinois’ “One Day in Rest Act” to Subvert Exclusive Remedy of State’s Workers’ Compensation Act Plaintiff May Not Use Illinois’ “One Day in Rest Act” to Subvert Exclusive Remedy of State’s Workers’ Compensation ActMay Unpaid Healthcare Providers Reach Workers’ Compensation Claim Settlement? The U.S. Court of Appeals for the Seventh Circuit recently certified to the Illinois Supreme Court an important question regarding the...
7th Circuit Certifies Important Exemption Question to Illinois Supreme Court 7th Circuit Certifies Important Exemption Question to Illinois Supreme CourtLip Service Given to “Liberally Construing” the “Arising Out of” Tests In a split decision, the Court of Appeals of Virginia, tipping its hat to the notion that the workers’ compensation statutes...
Split Virginia Court Affirms Denial of Airport Worker’s Electrocution Claim Split Virginia Court Affirms Denial of Airport Worker’s Electrocution ClaimArizona’s one-year filing requirement [see Ariz. Rev. Stat. § 23-1061(A)] is an affirmative defense and the employer or carrier bears the burden of production of evidence to support that defense,...
Arizona Officer’s PTSD Not Barred By Three-Year Delay in Filing Claim Arizona Officer’s PTSD Not Barred By Three-Year Delay in Filing ClaimNo provision of Ohio law sanctions an employer for terminating an employee who sought workers’ compensation benefits while working for a prior employer, held a state appellate court in McGree...
Ohio Employer May Fire Employee Who Sought Workers’ Compensation Benefits from Prior Employer Ohio Employer May Fire Employee Who Sought Workers’ Compensation Benefits from Prior EmployerRestrictive “Mental-Mental” Coverage in State’s Comp Act Opens Door to Potential Liability In a case with a bizarre fact pattern, a King County (Washington) public defender, who contended that she...
Washington Public Defender May Be Able to Recover in Tort for Work-Related PTSD Washington Public Defender May Be Able to Recover in Tort for Work-Related PTSDPost-Mortem Shows Marijuana, Fentanyl, and Alcohol in Deceased Employee’s System In what appears to be the first case of its kind—an action filed against an employer for its allegedly inadequate...
Ohio Widow’s Action Against Ford for Failure to Implement Substance Abuse Policy is Barred by Exclusivity Defense Ohio Widow’s Action Against Ford for Failure to Implement Substance Abuse Policy is Barred by Exclusivity DefenseThe Supreme Court of Kentucky, affirming a lower court’s decision denying workers’ compensation benefits to a bus driver who alleged that he sustained injuries in an altercation with a passenger,...
Aggressive Kentucky Bus Driver Denied Benefits for Injuries Sustained in Fight with Passenger Aggressive Kentucky Bus Driver Denied Benefits for Injuries Sustained in Fight with PassengerA Colorado appellate court recently held that a workers’ compensation claimant may not be placed at the point of maximum medical improvement (MMI) where neither the claimant’s treating physician nor...
Colorado ALJ May Not Find MMI Without Appropriate Expert Medical Opinion Colorado ALJ May Not Find MMI Without Appropriate Expert Medical Opinion