Yesterday, a Pennsylvania appellate court affirmed an order by the state’s Workers’ Compensation Appeal Board awarding workers’ compensation benefits to a worker who sustained facial lacerations and permanent scarring when...
“Dog Bites Man”: Pennsylvania Court Affirms Award for Worker Bitten By Co-Worker’s Canine “Dog Bites Man”: Pennsylvania Court Affirms Award for Worker Bitten By Co-Worker’s CanineLongshore and Harbor Workers’ Compensation Act disability benefits are subject to attachment by a worker’s former spouse, held a Pennsylvania court yesterday in Uveges v. Uveges, 2014 PA Super 251, 2014...
Pennsylvania Ex-Husband’s LHWCA Benefits Subject to Attachment by Former Spouse for Unpaid Alimony Pennsylvania Ex-Husband’s LHWCA Benefits Subject to Attachment by Former Spouse for Unpaid AlimonyA divided Court of Appeals of Iowa, in Iowa Insurance Institute v. Core Group of the Iowa Association for Justice, 2014 Iowa App. LEXIS 1067 (Oct. 29, 2014), has held...
Iowa: Surveillance Videos of Injured Workers Not Protected by Work Product Privilege Iowa: Surveillance Videos of Injured Workers Not Protected by Work Product PrivilegeConstruing A.C.A. § 11–9–102(4)(B)(iii), which provides in relevant part that a compensable injury does not include any injury inflicted upon the employee at a time when employment services were not...
Arkansas: The Second You’re Off the Clock, You’re On Your Own Arkansas: The Second You’re Off the Clock, You’re On Your OwnThe Wyoming Supreme Court, construing the statutory provision within the state’s Workers’ Compensation Act (“the Act”) defining “employee,” recently held that an an undocumented worker might be able to take...
Wyoming Court Says Undocumented Worker Might Be Able to Employ Ingenious Argument to Avoid Exclusive Remedy Defense Wyoming Court Says Undocumented Worker Might Be Able to Employ Ingenious Argument to Avoid Exclusive Remedy DefenseLike a number of other states, Oregon has a program through which its Department of Human Services provides home health care services to qualifying clients (state citizens), at state expense....
Oregon Home Health Care Worker’s Employment Is Broader Than Approved Task List Oregon Home Health Care Worker’s Employment Is Broader Than Approved Task ListIn Onderko v. Sierra Lobo, Inc., 2014 Ohio App. LEXIS 4015 (Sept. 19, 2014), an Ohio appellate court recently held that in order to state a claim for retaliatory discharge,...
Ohio Court Clarifies Elements of Retaliatory Discharge Action Against Former Employer Ohio Court Clarifies Elements of Retaliatory Discharge Action Against Former EmployerA divided Supreme Court of Washington, noting that in Birklid v. Boeing Co., 127 Wn.2d 853, 904 P.2d 278 (1995) [see Larson’s Workers’ Compensation Law, § 103.04[3][c]], it had earlier...
Divided Washington Court Again Refuses to Adopt Substantially Certain Test Divided Washington Court Again Refuses to Adopt Substantially Certain TestOn Wednesday, an Oregon appellate court affirmed the denial of an injured worker’s claim for workers’ compensation benefits on the grounds that she had, without an appropriate reason, failed to...
Oregon Court Affirms Denial of Claim Due to Claimant’s Failure to Cooperate Oregon Court Affirms Denial of Claim Due to Claimant’s Failure to CooperateAn Ohio appellate court recently affirmed a jury’s determination that a home health care nursing director, who sustained injuries in an automobile accident as he drove from a restaurant to...
Ohio Jury Uses MapQuest Data to Help Establish Significance of Claimant’s Deviation from Employment Ohio Jury Uses MapQuest Data to Help Establish Significance of Claimant’s Deviation from EmploymentA California appellate court has sustained a demurrer to a complaint alleging, among other things, intentional infliction of emotional distress filed by a former employee of a car dealership against...
California Court Says Plaintiff’s IIED Claim is Barred by Exclusivity California Court Says Plaintiff’s IIED Claim is Barred by ExclusivityIn a divided decision, the Supreme Court of South Carolina today held that an employee’s injuries sustained in a game of kickball arose out of and in the course of...
Divided SC Supreme Court Says Injuries Sustained Playing Kickball Were Compensable Divided SC Supreme Court Says Injuries Sustained Playing Kickball Were Compensable