The Supreme Court of Wyoming affirmed a finding by a state district court that an injured worker failed to establish a causal connection between her 2013 need for shoulder surgery...
Wyoming Worker Fails to Connect the Dots Between Original Surgery and Subsequent Procedure to Alleviate Continued Pain Wyoming Worker Fails to Connect the Dots Between Original Surgery and Subsequent Procedure to Alleviate Continued PainAn Ohio appellate court affirmed a trial court’s finding that injuries sustained by an employee when she slipped and fell while descending a stairway as she left her employer’s HR...
Ohio Employee’s Personal Delivery of FMLA Documents Was Not in Course and Scope of Employment Ohio Employee’s Personal Delivery of FMLA Documents Was Not in Course and Scope of EmploymentNebraska Worker’s Death From Apparent Suicide is Not Compensable In a case that is heartbreaking from multiple points of view, the family of an injured Nebraska employee was denied workers’...
Like Oil & Water, Oxycodone and Xanax Don’t Mix Like Oil & Water, Oxycodone and Xanax Don’t MixA debtor’s workers’ compensation experience rating is the sort of “interest” of which the debtor’s assets can be sold free and clear, under § 363 of the U.S. Bankruptcy Code,...
NCCI May Not Impose Bankrupt Staffing Company’s Experience Rating on Purchaser in Court-Approved Sale of Assets NCCI May Not Impose Bankrupt Staffing Company’s Experience Rating on Purchaser in Court-Approved Sale of AssetsA Louisiana appellate court affirmed, in relevant part, a ruling by a state workers’ compensation judge that a worker sustained an accidental injury arising out of and in the course...
Lousiana Court Sustains Worker’s West Nile Virus Claim as Accidental Injury Lousiana Court Sustains Worker’s West Nile Virus Claim as Accidental InjuryTennessee Appeals Panel Affirms $27K Attorney’s Fee Related to $187 Medical Claim In Grissom v. UPS, 2017 Tenn. LEXIS 4 (Jan. 9, 2017), the Special Workers’ Compensation Appeals Panel of the...
Memo to Worker’ Comp Carrier: Standing on Your Rights Can Result in Scorched Feet Memo to Worker’ Comp Carrier: Standing on Your Rights Can Result in Scorched FeetA New York appellate court has agreed with Wendy White, prominent opera singer at the Metropolitan Opera House at Lincoln Center (“the Met”), that White is not an employee and,...
“Star” Opera Singer is not Employee of the Metropolitan Opera House “Star” Opera Singer is not Employee of the Metropolitan Opera HouseA Nebraska county court lacked subject matter jurisdiction when it conducted a subrogation hearing to determine a workers’ compensation insurer’s interest in a wrongful death settlement that had been reached...
Nebraska County Courts Lack Jurisdiction to Determine Comp Insurer’s Subrogation Interest Nebraska County Courts Lack Jurisdiction to Determine Comp Insurer’s Subrogation InterestIn a deeply divided decision, the Supreme Court of Arkansas recently held that a wrongful death action filed against a deceased worker’s employer was barred by the exclusive remedy provisions...
Arkansas Estate’s Wrongful Death/Mesothelioma Case Barred by “Catch–22” Arkansas Estate’s Wrongful Death/Mesothelioma Case Barred by “Catch–22”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 Compensable