A Florida appellate court held that misrepresentations regarding a claimant’s medical history can disqualify the claimant from receiving benefits even if there is no direct link between the allegedly false...
Florida MDs Have No Duty to “Cross-Examine” Workers’ Comp Claimant Regarding Known Misrepresentations Florida MDs Have No Duty to “Cross-Examine” Workers’ Comp Claimant Regarding Known MisrepresentationsYesterday, in a divided decision, the Court of Appeals of Mississippi reversed a decision by the state’s Workers’ Compensation Commission (“Commission”) that had denied an employee’s workers’ compensation claim because...
Mississippi Commission’s Decision to Deny Claim Because of Employee’s “Refusal” to Take Breathalyzer Test Cannot Stand Mississippi Commission’s Decision to Deny Claim Because of Employee’s “Refusal” to Take Breathalyzer Test Cannot StandHighlighting the fine line that exists, on the one hand, between a party’s attempt to relitigate an issue already decided and, on the other hand, a party’s contention that a...
Maine High Court Blocks Employer’s Attempt to Challenge Continued Existence of Disability Maine High Court Blocks Employer’s Attempt to Challenge Continued Existence of DisabilityThe Missouri Court of Appeals recently affirmed a decision of that state’s Labor and Industrial Relations Commission that had denied workers’ compensation benefits to a tire shop employee who sustained...
Missouri Court Stresses Importance of Injury “by Accident” in Recent Horseplay Case Missouri Court Stresses Importance of Injury “by Accident” in Recent Horseplay CaseAlthough crash data indicated not only that a Mississippi patrol officer increased his speed steadlily from 53 mph to more than 90 mph in the twelve seconds prior to an...
Mississippi Officer’s High Speed Driving, Without Seatbelt, Did Not Amount to Willful Intent To Injure Himself Mississippi Officer’s High Speed Driving, Without Seatbelt, Did Not Amount to Willful Intent To Injure HimselfLast Thursday, in a split decision, the Supreme Court of Louisiana held that the choice of pharmacy in a workers’ compensation case belongs to the employer, and not the employee...
Louisiana High Court Says Employer—Not Injured Employee—Has Right to Choose Pharmacy Louisiana High Court Says Employer—Not Injured Employee—Has Right to Choose PharmacyIn a divided decision, the Supreme Court of Minnesota held that an injured undocumented worker had raised a genuine issue of material fact as to whether an employer had discharged...
Rock and a Hard Place: Placing Injured Undocumented Worker on Unpaid Leave May Be Retaliatory Discharge Rock and a Hard Place: Placing Injured Undocumented Worker on Unpaid Leave May Be Retaliatory DischargeWhere a California worker developed a number of conditions during her 26-year career with her employer, including carpal tunnel syndrome (CTS), which medical experts attributed 90 percent to industrial factors...
California: Apportionment Inappropriate Where PTD Results From Medical Treatment, Not the Underlying Condition California: Apportionment Inappropriate Where PTD Results From Medical Treatment, Not the Underlying ConditionObserving that California’s “required vehicle” exception to the going and coming rule arises where the employee’s use of his or her own vehicle gives some incidental benefit to the employer,...
California In-Home Caretaker Awarded Benefits for Injuries Sustained in Bicycle Accident California In-Home Caretaker Awarded Benefits for Injuries Sustained in Bicycle AccidentWhere an independent medical evaluator concluded that the active range of motion (ROM) measurements she obtained from an injured worker were implausible, indicative of poor effort, and insufficient to verify...
Kentucky IME May Use Clinical Skill and Judgment in Construing AMA Guides Kentucky IME May Use Clinical Skill and Judgment in Construing AMA GuidesIn Matter of Castillo v Brown, 2017 N.Y. App. Div. LEXIS 4839 (June 15, 2017), a New York appellate court affirmed the imposition of an $86,000 penalty against a husband and...
Ouch!: Live-in New York Domestic Worker’s Cut Finger Results in $86,000 Penalty To Employing Husband and Wife Ouch!: Live-in New York Domestic Worker’s Cut Finger Results in $86,000 Penalty To Employing Husband and WifeA church volunteer, who contended that she suffered injuries when she tripped and fell over an exposed power cord near or on the altar as she went to help distribute...
New York Church Volunteer’s Personal Injury Action Barred by Exclusive Remedy Rule New York Church Volunteer’s Personal Injury Action Barred by Exclusive Remedy Rule