High Court Says BWC Has Subrogation Interest in Spite of Denial of Claim In a decision that should impact settlement procedures in virtually all personal injury cases within the state...
Ohio Auto Insurers: Beware of Nascent Workers Comp Claims Ohio Auto Insurers: Beware of Nascent Workers Comp ClaimsA North Carolina appellate court recently held that non-FDA-approved drugs could not be categorically excluded from medical compensation under the state’s workers’ compensation system [Davis v. Craven County ABC Bd.,...
NC Court Approves Medical Claim for Non-FDA-Approved Compound Cream NC Court Approves Medical Claim for Non-FDA-Approved Compound CreamA Pennsylvania appellate court has concluded that an examination involving no new medical condition, change in medical condition, or other circumstances that require an examination and assessment above and beyond...
PA Court Nixes Chiropractor’s Separate Charges for “Office Visits” in Connection with Treatments PA Court Nixes Chiropractor’s Separate Charges for “Office Visits” in Connection with TreatmentsRepeat After Me: “Correlation Doesn’t Mean Causation” The Virginia Court of Appeals recently reversed an award of workers’ compensation benefits to an emergency room paramedic who fainted, sustaining a skull...
No Recovery For Swooning Virginia EMT No Recovery For Swooning Virginia EMTWhere a New York office worker sustained injuries when she tripped and fell while walking on a public sidewalk approximately 20 feet from the door to the building that contained...
20 Shades of Gray: NY Court Construes “Risks of Street Travel” Rule 20 Shades of Gray: NY Court Construes “Risks of Street Travel” RuleCertified Question From Tenth Circuit re: “Dual-Capacity” A divided Supreme Court of Oklahoma, responding to a question certified to it by the Tenth Circuit Court of Appeals, has held the...
Oklahoma Supreme Court: Parent Corporation Not Always Shielded by Exclusive Remedy Doctrine Oklahoma Supreme Court: Parent Corporation Not Always Shielded by Exclusive Remedy DoctrineFrom Comp Standpoint: Are Uber, Lyft & Grubhub Truly “Disruptive?” Lamenting that in California, a worker’s status as an employee, vis-a-vis an independent contractor, is an “all-or-nothing proposition,” a U.S....
California Grubhub Driver is Independent Contractor, Not Employee California Grubhub Driver is Independent Contractor, Not EmployeeTemporary Employee Has Option of Claiming Benefits or Suing in Tort Based, at least in part, on the court’s so-called “literal” reading of a Wisconsin statute [Wis. Stat. § 102.29(6)(b)1.], the...
The Road Less Traveled: Wisconsin Court of Appeals Shuns Majority Rule Re: Borrowing Employer’s Tort Immunity The Road Less Traveled: Wisconsin Court of Appeals Shuns Majority Rule Re: Borrowing Employer’s Tort ImmunityAnnual “Bizarre” List Began 30 Years Ago Continuing a New Year’s tradition that informally began 30 years ago, when my mentor, Dr. Arthur Larson, original author of Larson’s Workers’ Compensation...
The Top 10 Bizarre Workers’ Comp Cases for 2017 The Top 10 Bizarre Workers’ Comp Cases for 2017A worker, who sustained severe injuries, including a left-hand amputation and major depressive disorder, while performing routine maintenance on the employer’s conveyor belt system, is not entitled to additional compensation...
Ohio Commission Erred in Assessing Penalties Against Employer for Safety Violations Ohio Commission Erred in Assessing Penalties Against Employer for Safety ViolationsIn what some may view as insult added to injury, an unemployed New Jersey firefighter, who sustained significant injuries to her leg when she slipped and fell on ice as...
Unemployed Volunteer Firefighter Denied TD Benefits Unemployed Volunteer Firefighter Denied TD BenefitsYesterday, in an eagerly awaited decision, Vitale v. Schering-Plough Corp., Case No. A-20-16 (Dec. 11, 2017), the Supreme Court of New Jersey held that a disclaimer in an employment agreement...
NJ High Court Strikes Down Employment Contract Clauses Waiving Third-Party Claims NJ High Court Strikes Down Employment Contract Clauses Waiving Third-Party Claims