Category: Case comment

Apr 16, 2013

Minnesota: Costs to Modify Injured Worker’s Residence to Allow For Installation of Lift System Was Limited to Statutory Max of $60K

Installation of a lift system to enable paraplegic to transfer to and from her wheelchair more safely and to live more independently were remodeling costs subject to the $60,000 limit...

Minnesota: Costs to Modify Injured Worker’s Residence to Allow For Installation of Lift System Was Limited to Statutory Max of $60K Minnesota: Costs to Modify Injured Worker’s Residence to Allow For Installation of Lift System Was Limited to Statutory Max of $60K
Apr 9, 2013

Louisiana: Police Officer Fails To Establish Acute Appendicitis Claim Was Connected to Fall at Police Station

A Louisiana appellate court recently affirmed a finding by the Office of Workers’ Compensation that granted an employer police department’s motion for summary judgment regarding a claim filed by a...

Louisiana: Police Officer Fails To Establish Acute Appendicitis Claim Was Connected to Fall at Police Station Louisiana: Police Officer Fails To Establish Acute Appendicitis Claim Was Connected to Fall at Police Station
Apr 8, 2013

Montana’s Hutterite Colony Seeks Review by U.S. Supreme Court of Decision Requiring it to Provide Workers’ Compensation Coverage for Colony’s Workers

On April 1, the Hutterite Colony, a small religious sect in Montana, asked the United States Supreme Court to review and overturn a decision by the Supreme Court of Montana...

Montana’s Hutterite Colony Seeks Review by U.S. Supreme Court of Decision Requiring it to Provide Workers’ Compensation Coverage for Colony’s Workers Montana’s Hutterite Colony Seeks Review by U.S. Supreme Court of Decision Requiring it to Provide Workers’ Compensation Coverage for Colony’s Workers
Apr 8, 2013

Arkansas: Health Care Technician Fails to Establish Corneal Ulcer Was Associated With Work-Related Urine Splash

An Arkansas appellate court recently affirmed a decision denying a claim filed by a patient-care technician who contended that her corneal ulcer resulted from or was exacerbated by a workplace...

Arkansas: Health Care Technician Fails to Establish Corneal Ulcer Was Associated With Work-Related Urine Splash Arkansas: Health Care Technician Fails to Establish Corneal Ulcer Was Associated With Work-Related Urine Splash
Mar 29, 2013

Virginia: Employee’s Refusal of Second Knee Surgery Justified

On Tuesday, a Virginia appellate court affirmed a decision of the state’s Workers’ Compensation Commission that reinstated disability benefits to a convenience store employee who refused to undergo recommended surgery–a...

Virginia: Employee’s Refusal of Second Knee Surgery Justified Virginia: Employee’s Refusal of Second Knee Surgery Justified
Mar 27, 2013

Maine: Employer Not Entitled to Offset Incapacity Benefits Against Specific Loss Award for Amputation

The Supreme Judicial Court of Maine recently reversed an award by the state’s Workers’ Compensation Board that had granted an employee specific loss benefits for the amputation of a finger,...

Maine: Employer Not Entitled to Offset Incapacity Benefits Against Specific Loss Award for Amputation Maine: Employer Not Entitled to Offset Incapacity Benefits Against Specific Loss Award for Amputation
Mar 25, 2013

New York: No Death Benefits Awarded Where Work-Related Heart Attack Occurred 24 Years Earlier

A New York appellate court recently affirmed a finding by the state’s Workers’ Compensation Board that ruled that the death of claimant’s husband was not causally related to his employment...

New York: No Death Benefits Awarded Where Work-Related Heart Attack Occurred 24 Years Earlier New York: No Death Benefits Awarded Where Work-Related Heart Attack Occurred 24 Years Earlier
Mar 23, 2013

Ohio: Appellate Court Distinguishes Case from Earlier Moorehead Decision: No Loss of Use of Trucker’s Legs Where He May Have Survived Wreck for Brief Period of Time

An Ohio appellate court recently affirmed a decision by the state’s Industrial Commission that had denied additional workers’ compensation benefits for the scheduled loss of use of both of a...

Ohio: Appellate Court Distinguishes Case from Earlier Moorehead Decision: No Loss of Use of Trucker’s Legs Where He May Have Survived Wreck for Brief Period of Time Ohio: Appellate Court Distinguishes Case from Earlier Moorehead Decision: No Loss of Use of Trucker’s Legs Where He May Have Survived Wreck for Brief Period of Time
Mar 19, 2013

Ohio: Truck Driver’s Termination For Causing Accident in Which He Sustained Injuries Does Not Disqualify Him From TTD Benefits

In State ex rel. Haddox v. Industrial Comm’n, 2013 Ohio 794, 2013 Ohio LEXIS 618 (Mar. 12, 2013), the Supreme Court of Ohio recently affirmed an appellate court’s decision that...

Ohio: Truck Driver’s Termination For Causing Accident in Which He Sustained Injuries Does Not Disqualify Him From TTD Benefits Ohio: Truck Driver’s Termination For Causing Accident in Which He Sustained Injuries Does Not Disqualify Him From TTD Benefits
Feb 24, 2013

Washington: School Custodian’s Tort Claim Against Employer for PTSD Resulting From Clean-up Duties Following Student’s Suicide Is Barred by Exclusivity

Last Thursday, a Washington state appellate court affirmed the dismissal of a civil action filed by a school custodian against her employer, a school district and its superintendent, alleging intentional...

Washington: School Custodian’s Tort Claim Against Employer for PTSD Resulting From Clean-up Duties Following Student’s Suicide Is Barred by Exclusivity Washington: School Custodian’s Tort Claim Against Employer for PTSD Resulting From Clean-up Duties Following Student’s Suicide Is Barred by Exclusivity
Feb 23, 2013

New York: Mechanic’s Fatal Heart Attack Sustained on Employer’s Premises, But After Work Shift, Held Not Compensable

A New York appellate court recently affirmed a decision by the state’s Workers’ Compensation Board that ruled the death of an employee was not causally related to his employment as...

New York: Mechanic’s Fatal Heart Attack Sustained on Employer’s Premises, But After Work Shift, Held Not Compensable New York: Mechanic’s Fatal Heart Attack Sustained on Employer’s Premises, But After Work Shift, Held Not Compensable
Feb 16, 2013

South Carolina: Supreme Court Adopts Larson’s “Dual Persona” Doctrine

Answering a question certified to it by the U.S. District Court for the District of South Carolina, the Supreme Court of South Carolina, in Mendenall v. Anderson Hardwood Floors, Inc.,...

South Carolina: Supreme Court Adopts Larson’s “Dual Persona” Doctrine South Carolina: Supreme Court Adopts Larson’s “Dual Persona” Doctrine