Georgia Comp Board Won’t Resolve Fee Dispute Between Attorneys Dissolving Their Firm

In a dispute involving the dissolution of a law partnership and the rights of two attorneys in attorneys’ fees resulting from the settlement of workers’ compensation cases, Georgia’s Board of...

Assault by Nebraska Employee Against Sex Offender Co-Employee Did Not Arise from the Employment

Where an employee (“Bates”) assaulted a co-employee (“McDaniel”) after Bates performed an Internet search and discovered that McDaniel was a registered sex offender, the assault did not arise out of...

NY Cage Dancer Forfeits Right to Future Comp Benefits

A New York appellate court has refused to vacate a portion of a county court’s judgment that, following a defendant’s guilty plea to fraudulent practices (N.Y. Workers’ Comp. Law §...

How One State Bucked Trend of Allowing Former Spouse to Access Post-Divorce Workers’ Comp Benefits

With the divorce rate for U.S. marriages hovering at almost 50 percent, courts and legislatures are called upon to weigh two conflicting rules related to workers’ compensation benefits when it...

New Mexico Court Finds State’s “Farm and Ranch Laborer” Exclusion Unconstitutional

In Rodriguez v. Brand West Dairy, 2015 N.M. App. LEXIS 69 (June 22, 2015), a divided Court of Appeals of New Mexico recently held that the exclusion of coverage afforded...

Florida Appellate Court Throws Out Judge Cueto’s “Padgett” Decision on Procedural Grounds

Earlier today (June 24th), Florida’s Third District Court of Appeal reversed and completely repudiated the decision of Judge Jorge E. Cueto, Circuit Court for Miami-Dade County, that had, on August 19,...

Maryland: Electronic Submission of Claim Does Not Toll Statute of Limitations

In Hranicka v. Chesapeake Surgical, Ltd., 2015 Md. LEXIS 413 (June 18, 2015), the Court of Appeals of Maryland held that an employee’s claim was time-barred under Md. Code Ann.,...

Colorado High Court Ok’s Firing of Worker For State-Authorized Use of Medical Marijuana

Earlier today, the Supreme Court of Colorado, affirming a split decision of the state’s Court of Appeals, held that under the plain language of Colo. Rev. Stat. § 24–34–402.5, Colorado’s...

Iowa Court Affirms Rejection of “Uncontradicted” Expert Testimony

An commissioner’s award of permanent total disability benefits to an HVAC employee who claimed he suffered an electric shock while servicing a unit at a customer’s residence was supported by...

Ohio Worker Injured Having “Kick Ass Time” May Not Sue Co-Worker

An Ohio restaurant employee may not pursue a negligence action against a co-worker for personal injuries sustained in a golf cart accident that occurred on an island resort where the...

Arkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable

An Arkansas tanker-truck driver sustained an injury arising out of and in the course of the employment when he was struck by a vehicle as the truck driver exited a...

Arkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable

Arkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable

South Dakota: Horseplay Injury During Lull In Workday Found Compensable

Applying the four Larson factors to determine whether an act of horseplay was or was not a substantial deviation from the employment [see Larson’s Workers’ Compensation Law, § 23.01], the...