Earlier today (September 13, 2016), in Vasquez v. Dillard’s, Inc., 2016 OK 89, in a 7–2 decision, the Supreme Court of Oklahoma, in one of the most important workers’ compensation...
Oklahoma Supreme Court Strikes Down State’s Opt Out Law Oklahoma Supreme Court Strikes Down State’s Opt Out LawIllustrating the deep—and sometimes bitter—divide between some who espouse clinically oriented medical treatment and others that promote the so-called “best practices” guidelines outlined in evidence-based medicine (EBM), a Special Workers’...
510 Pills Per Month With Little Improvement: Tennessee High Court Allows Change of Physician 510 Pills Per Month With Little Improvement: Tennessee High Court Allows Change of PhysicianEarlier today, the Supreme Court of Connecticut released a decision holding that a widow’s bystander emotional distress action filed against her deceased husband’s employer is barred by the exclusive remedy...
Connecticut High Court: Widow’s Bystander Emotional Distress Action Barred by Exclusivity Connecticut High Court: Widow’s Bystander Emotional Distress Action Barred by ExclusivityIn a split decision, the Supreme Court of Ohio held that compensability of the alleged underlying injury is not a required element in a retaliatory discharge action under Ohio Rev....
Ohio High Court Says Injury is Not Required to Support Retaliatory Discharge Claim Ohio High Court Says Injury is Not Required to Support Retaliatory Discharge ClaimDecision Continues Long National Trend to Treat Farm Workers on Par With Other Employees A provision of the New Mexico Workers’ Compensation Act (Act) [N.M. Stat. Ann. § 52–1–6(A) (2015)]...
New Mexico High Court Strikes Down Farm and Ranch Laborer Exclusion New Mexico High Court Strikes Down Farm and Ranch Laborer ExclusionEarlier today (June 9, 2016), a divided Supreme Court of Florida rendered its long-awaited decision in Westphal v. City of St. Petersburg [No. SC13–1976], striking down as unconstitutional the state’s...
Florida High Court Strikes Down 104-Week Limitation on TTD Benefits Florida High Court Strikes Down 104-Week Limitation on TTD BenefitsA recent federal district court decision from Oregon, Kwiecinski v. Medi-Tech International Corp., 2016 U.S. Dist. LEXIS 72453 (D. Or., June 3, 2016), provides an important practice point not only...
Cautionary Tale: Retaliatory Discharge Statute May Not Protect Employee if Original Comp Claim Was Filed in Another State Cautionary Tale: Retaliatory Discharge Statute May Not Protect Employee if Original Comp Claim Was Filed in Another StateThe 2013 Oklahoma workers’ compensation “reforms” 2013 Senate Bill 1062 which, among other things, created the state’s uber-controversial “Opt Out” arrangement, in which employers can jettison the entire state-run system...
Oklahoma Supreme Court Lands Yet Another Body Blow to State’s Controversial Opt Out Law Oklahoma Supreme Court Lands Yet Another Body Blow to State’s Controversial Opt Out LawOn March 11, 2016, Virginia governor McAuliffe signed into law a bill extending the state’s narrow presumption of compensability [Va. Code Ann. § 65.2–105] to cover most claims where the...
Virginia Legislature Instructs Appellate Court: Deceased Employees Really Are “Physically Unable to Testify” Virginia Legislature Instructs Appellate Court: Deceased Employees Really Are “Physically Unable to Testify”In Recent “Comp” Decisions (the other from Commission), Oklahoma Legislature Is “0 for 2” A provision in Okla. Stat. tit. 85A, § 2(14) that disqualifies a claimant from recovering for...
Oklahoma High Court Strikes Down State’s 180-Day Cumulative Trauma Employment Rule Oklahoma High Court Strikes Down State’s 180-Day Cumulative Trauma Employment RuleAn Indiana jury was within its province as factfinder in returning a verdict for more than $400,000 in compensatory and punitive damages against a former employer in a retaliatory discharge...
Facebook® Plays Role in Indiana $400,000 Verdict for Retaliatory Discharge Facebook® Plays Role in Indiana $400,000 Verdict for Retaliatory DischargeA mother’s wrongful death action against her son’s employer was not barred by the exclusive remedy provisions of the Georgia Workers’ Compensation Act (“Act”) where the undisputed facts clearly showed...
Georgia Mother May Sue Deceased Son’s Employer and Staffing Company Where Co-Worker Murderer May Have been Negligently Hired Georgia Mother May Sue Deceased Son’s Employer and Staffing Company Where Co-Worker Murderer May Have been Negligently Hired