Some years ago, my mentor, Arthur Larson, when commenting upon the issue of deviations within the workplace, wrote that courts generally recognize “that human beings do not run on tracks...
Pennsylvania: 5-Minute Deviation Defeated Workers’ Comp Claim Pennsylvania: 5-Minute Deviation Defeated Workers’ Comp ClaimThe Longshore Act provides that no compensation shall be payable if the injury “was occasioned solely by the intoxication of the employee” [33 U.S.C.S. § 903(c), emphasis added]. The Ninth...
Ninth Circuit Construes Longshore Act’s Intoxication Defense Provisions Ninth Circuit Construes Longshore Act’s Intoxication Defense ProvisionsIn an unpublished decision, Elster v. Fishman, 2013 Cal. App. Unpub. LEXIS 5158 (July 22, 2013) [check Cal. Rules of Court, Rule 8.1115(a) regarding rules related to citation], a California...
California: Legal Secretary’s IIED Claim Against Attorney and Firm Related to Pornographic Emails May Proceed California: Legal Secretary’s IIED Claim Against Attorney and Firm Related to Pornographic Emails May ProceedThe Supreme Court of Vermont, in a split decision, recently held that while the AMA Guides (5th Ed.) are determinative with respect to “any determination of the existence and degree...
Vermont: AMA Guides Are Mandatory for Impairment Rating Purposes–Not Diagnosis of Condition Itself Vermont: AMA Guides Are Mandatory for Impairment Rating Purposes–Not Diagnosis of Condition ItselfAn Ohio appellate court recently reversed an award by the state’s Industrial Commission that allowed a claimant $4,000 of additional compensation for facial disfigurement under Ohio Rev. Code § 4123.57(B),...
Ohio: Court Reverses Award For Facial Disfigurement Where Commission’s Findings Were Inadequate Under Statute Ohio: Court Reverses Award For Facial Disfigurement Where Commission’s Findings Were Inadequate Under StatuteThe basic “going and coming” rule, in effect in the vast majority of jurisdictions, is that for an employee having fixed hours and place of work, injuries sustained going to...
Connecticut: Special Statute Providing Benefits to Police Officers and Firefighters Injured During “Commute” Did Not Apply to Injury in Officer’s Driveway Connecticut: Special Statute Providing Benefits to Police Officers and Firefighters Injured During “Commute” Did Not Apply to Injury in Officer’s DrivewayIn a divided decision affirming a ruling last year by a state intermediate appellate court, the Supreme Court of Ohio has reiterated that in order for a mental condition (here...
Ohio: Supreme Court Reiterates that Mental Injury Must Be Caused By, and Not Merely Contemporaneous With, Physical Injury To Support Comp Claim Ohio: Supreme Court Reiterates that Mental Injury Must Be Caused By, and Not Merely Contemporaneous With, Physical Injury To Support Comp ClaimThe Supreme Court of Nebraska recently affirmed a decision of a county district court that had dismissed a tort action filed against the defendant-employer by the estate of an employee...
Nebraska: High Court Affirms Dismissal of Intentional Tort Action Filed Against Employer That Violated Multiple OSHA Regulations; Action Barred by Exclusive Remedy Defense Nebraska: High Court Affirms Dismissal of Intentional Tort Action Filed Against Employer That Violated Multiple OSHA Regulations; Action Barred by Exclusive Remedy DefenseAs a number of my friends and colleagues already know, I’ve been out of commission for the past nine days. I underwent surgery eight days ago for a ruptured appendix....
Durham, NC: Recovering from Appendicitis Durham, NC: Recovering from AppendicitisReversing a decision by a state trial court that had, in turn, reversed an award of workers’ compensation benefits in favor of a seventy-nine-year-old part-time janitor who had suffered an...
Iowa: Injuries Sustained in Janitor’s Idiopathic Fall Found Compensable Iowa: Injuries Sustained in Janitor’s Idiopathic Fall Found CompensableAn Arizona appellate court recently upheld a workers’ compensation award in the form of facial disfigurement benefits where the injured worker, a truck driver, sustained a five-inch scar on his...
Arizona: Scar on Neck Qualifies for Facial/Head Disfigurement Award Arizona: Scar on Neck Qualifies for Facial/Head Disfigurement AwardStressing that “reasonableness” is a question of fact and that the review the Workers’ Compensation Court’s findings of fact were to be affirmed if supported by substantial credible evidence, the...
Montana: Carrier’s Decision to Stop Paying For Pain Medication Did Not Justify Attorney’s Fee Award Where Decision Was Based On Prior Decision of Workers’ Compensation Court Montana: Carrier’s Decision to Stop Paying For Pain Medication Did Not Justify Attorney’s Fee Award Where Decision Was Based On Prior Decision of Workers’ Compensation Court