Where Claimant sustained a severe sprain to his right shoulder while working as a police officer in 1981 and returned to work without any schedule of loss (“SLU”) or other...
New York: Apportionment Inappropriate Where 1981 Injury Remained Symptomatic But Was Not Disabling New York: Apportionment Inappropriate Where 1981 Injury Remained Symptomatic But Was Not DisablingA state park grounds-keeper, who worked outside—often in cold conditions—for more than 35 years, and who developed a diabetic ulceration with a secondary formation of osteomyelitis—an infection in a bone...
New York: Long-Term Exposure to Cold Found Insufficient to Support Occupational Disease Claim New York: Long-Term Exposure to Cold Found Insufficient to Support Occupational Disease ClaimWhere a registered nurse suffered multiple allergic attacks caused by exposure to a chemical component of a floor wax product used by the hospital employing her, she was entitled to...
Pennsylvania Nurse Due Partial Benefits Because of Allergy to Hospital Floor Wax Pennsylvania Nurse Due Partial Benefits Because of Allergy to Hospital Floor WaxSurveillance video spanning a period of almost three years that showed that the claimant, a former dockworker and truck driver, engaged in numerous physical activities, including riding a motorcycle, attending...
Surveillance Video Sinks Ohio Claimant’s Odd-Lot Claim Surveillance Video Sinks Ohio Claimant’s Odd-Lot ClaimIn a split decision, the Supreme Court of South Carolina, reversing a majority decision by the state’s Court of Appeals, held that an exotic dancer was an employee—not an independent...
South Carolina Supreme Court Says Exotic Dancer Was an Employee of Nightclub South Carolina Supreme Court Says Exotic Dancer Was an Employee of NightclubA Colorado workers’ compensation insurer and an employer’s counsel need not respond to a discovery request made by a workers’ compensation claimant that they disclose whether any of them had...
Colorado Employer and Carrier Need Not Disclose if They Made Gifts to State Comp Judges Colorado Employer and Carrier Need Not Disclose if They Made Gifts to State Comp JudgesSupplementing my earlier post, in separate rulings yesterday, both Uber and Lyft failed to satisfy United States District Court judges that their drivers are independent contractors and not employees [see...
Juries Will Decide if Uber and Lyft Drivers are Employees Juries Will Decide if Uber and Lyft Drivers are EmployeesHolding that the factual findings of a workers’ compensation judge were “self-contradictory,” the Supreme Court of Minnesota has, for the second time, reversed and remanded an award of benefits to...
MN High Court Gives Math Lesson to Lower Court: “2/3 Does Not Equal 1/2” MN High Court Gives Math Lesson to Lower Court: “2/3 Does Not Equal 1/2”An employee’s injuries sustained in a one-car auto accident while he drove down a dead-end road some 2.5 miles from his office did not arise out of and in the...
Tell-Tale Web Page on Employee’s Blackberry Spells Doom for South Dakota Comp Claim Tell-Tale Web Page on Employee’s Blackberry Spells Doom for South Dakota Comp ClaimA City of Chicago plumbing inspector, whose duties required him to travel throughout the city by car to inspect the plumbing in both residential and commercial buildings, sustained an injury...
Chicago Plumbing Inspector’s Trip & Fall on Street Curb is Compensable Chicago Plumbing Inspector’s Trip & Fall on Street Curb is CompensableIllustrating the point that for telecommuting employees, who are often tethered to their employers by ubiquitous cell phones and tablets, the line between the employment world and private life is...
Maine Home Treadmill Fatality Found Compensable Maine Home Treadmill Fatality Found CompensableAn authorized treating health care provider’s “certification” authorizing the use of medical marijuana under New Mexico’s Compassionate Use Act [N.M. Stat. Ann. § 26–2B–1 et seq.] is the functional equivalent...
New Mexico: Health Care Provider’s “Certification” of Medical Marijuana is Functional Equivalent of Prescription for Injured Worker New Mexico: Health Care Provider’s “Certification” of Medical Marijuana is Functional Equivalent of Prescription for Injured Worker