In a case with bizarre underlying facts, a New York appellate court held a trial court erred in denying an employer’s summary judgment motion in a tort action filed against...
Employer and Co-Employees Not Liable in Tort Following Holiday Party Fatality Employer and Co-Employees Not Liable in Tort Following Holiday Party FatalityWhere a long-haul truck driver kept one of his employer’s tractor-trailer units at his home because he lived near an interstate highway and the employer’s facility was one hour away...
Kentucky Driver Who Keeps Tractor-Trailer Rig at Home is Traveling Employee Kentucky Driver Who Keeps Tractor-Trailer Rig at Home is Traveling EmployeeApportionment Allowed for Prior Nonwork-Related Knee Injury A New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that apportioned a claimant’s 30 percent right leg schedule...
NY Employer Does Not Always Take Employee as it Finds Him NY Employer Does Not Always Take Employee as it Finds HimThe phrase is used quite often, even by attorneys: “He [or she] was hurt ‘on-the-job.’” The typical implication is that a worker who sustains an “on-the-job” injury deserves workers’ compensation...
Virginia Case Shows “On-the-Job” Injuries May Not be Compensable Virginia Case Shows “On-the-Job” Injuries May Not be CompensableA person in the status of a traveling employee is continuously within the course and scope of the employment while traveling, except when the person is engaged in a distinct...
Oregon: Traveling Employee’s Death While Returning From Shopping Trip Was Not Compensable Oregon: Traveling Employee’s Death While Returning From Shopping Trip Was Not CompensableIn Haller v. Champlain College, 2017 VT 86, 2017 Vt. LEXIS 107 (Sept. 29, 2017), a divided Supreme Court of Vermont affirmed a determination by the Commissioner of the state’s Department...
Vermont College’s “Tuition Benefit” Should Be Used in Average Weekly Wage Computation Vermont College’s “Tuition Benefit” Should Be Used in Average Weekly Wage ComputationYesterday (Oct. 3, 2017), in a divided decision, the Supreme Court of Oklahoma struck down Okla. Stat. tit. 85A, § 57 of the Administrative Workers’ Compensation Act (AWCA), which disqualifies...
Another One Bites the Dust: Oklahoma Supreme Court Kills Provision of State’s Workers’ Comp Act Another One Bites the Dust: Oklahoma Supreme Court Kills Provision of State’s Workers’ Comp ActYesterday (October 2, 2017), a cadre of 29 Pennsylvania legislators introduced a bill—House Bill 1840—that would require physicians to apply the methodology set forth in “the sixth edition” of the...
PA Legislative Bill Would Require Use of 6th Edition of AMA Guides PA Legislative Bill Would Require Use of 6th Edition of AMA GuidesIn Young v. Station 27, Inc., 2017 OK 68, 2017 Okla. LEXIS 69 (Sept. 12, 2017), the Supreme Court of Oklahoma finessed the constitutionality of the state’s current retaliatory discharge...
Oklahoma High Court Finesses Constitutional Issue as to Retaliatory Discharge Statute Oklahoma High Court Finesses Constitutional Issue as to Retaliatory Discharge StatuteIn a case that highlights some of the bitter infighting going on in Illinois regarding the state’s workers’ compensation system, the Seventh Circuit Court of Appeals affirmed a decision of...
Seventh Circuit Sustains Illinois Governor’s Action in Refusing to Reappoint Arbitrators Seventh Circuit Sustains Illinois Governor’s Action in Refusing to Reappoint ArbitratorsSaves Hospital $600,000 in Lost Reimbursement Stressing that a rule or regulation adopted by an administrative agency can only be given binding legal effect if the agency complies with the...
Kansas Court Strikes Words “Accidentally” Introduced into Medical Fee Schedule Kansas Court Strikes Words “Accidentally” Introduced into Medical Fee ScheduleIn a case of first impression, the 8th Circuit Court of Appeals affirmed a U.S. District Court decision that had dismissed a widow’s civil action seeking a declaration that N.D....
Eighth Circuit: North Dakota Need Not Substitute Colorado’s More Generous Death Benefits Rules for Claim Filed in the Peace Garden State Eighth Circuit: North Dakota Need Not Substitute Colorado’s More Generous Death Benefits Rules for Claim Filed in the Peace Garden State