Missouri: Boyfriend’s Murder of Employee Did Not Arise From the Employment; Wrongful Death Action Not Barred by Exclusive Remedy Doctrine

Last Friday, a Missouri appellate court reversed a decision by a state trial court that had sustained a defendant-employer’s motion for summary judgment in a wrongful death action filed against...

Texas: Fired Employee May Not Maintain Retaliatory Discharge Action Against Non-Subscribing Employer

A Texas appellate court recently affirmed a decision by a state district court that had granted summary judgment in favor of a nursing center in a retaliatory discharge lawsuit filed...

Pennsylvania: Claimant Who Settles Claim and Then Receives Large Doctor’s Bill May Not Rescind Compromise and Release Agreement Based on Mistake

A claimant’s receipt of a doctor’s bill showing an unpaid balance due of $37,674, after he and the employer had signed a Compromise and Release agreement settling the claimant’s workers’...

Maryland: Forum Selection Clause in Pro Football Employment Agreement Cannot Trump State Law

In a case involving a claim by a former Washington Redskins professional football player for benefits under the Maryland Workers’ Compensation Act, based upon an injury during pre-game warm-up at...

Pennsylvania: Trip to the Salad Bar Proves Fatal for College Professor

In a case with somewhat bizarre facts [see Pennsylvania State Univ. v. Workers’ Comp. Appeal Bd. (Rabin), 2012 Pa. Commw. LEXIS 245], a Pennsylvania appellate court recently affirmed an award...

Alabama: Court Reverses Award of Benefits to Truck Driver Bitten by Rattlesnake

As a father of three sons and a daughter–they’re all grown now–I’ve had more than one occasion to repeat to myself a favorite line spoken by another dad, this one...

VA: Nurse’s Injury to Finger As She Reached Into Personal Handbag To Retrieve “Favorite” Pen Is Not Compensable

The Court of Appeals of Virginia recently reversed a decision by the state’s Workers’ Compensation Commission that had awarded workers’ compensation benefits to a nurse who injured her finger on...

VA: Virginia Court Mischaracterizes “Actual Risk” Test in Determining Legal Causation, Yet Offers Motherly Advice: “Waiters, Take Small Bites!”

Affirming a decision of the state’s Workers’ Compensation Commission that had denied benefits to a restaurant host/waiter who injured his esophagus while attempting to swallow a bite of quesadilla that...

South Carolina: Deputy Sheriff’s PTSD Claim in Connection With Fatal Shooting of Suspect Is Not Compensable–No “Extraordinary or Unusual Employment Condition” Existed

On Wednesday, a divided Supreme Court of South Carolina affirmed a unanimous finding of an Appellate Panel of the state’s Workers’ Compensation Commission that a deputy sheriff failed to meet...

South Carolina: Deputy Sheriff’s PTSD Claim in Connection With Fatal Shooting of Suspect Is Not Compensable–No “Extraordinary or Unusual Employment Condition” Existed

South Carolina: Deputy Sheriff’s PTSD Claim in Connection With Fatal Shooting of Suspect Is Not Compensable–No “Extraordinary or Unusual Employment Condition” Existed

Texas: Communication by Comp Carrier’s Counsel to Insured Employer Not Protected by Attorney—Client Privilege

With one justice dissenting, the Supreme Court of Texas recently held that in a bad faith action brought by an injured employee against a workers’ compensation insurer, the attorney—client privilege...

New Jersey: OSHA Violation is Insufficient to Show Necessary Level of “Intent” to Support Tort Claim Against Employer

As noted in my June 6, 2012 discussion of Estes v. Airco Serv., Inc., 2012 U.S. Dist. LEXIS 72134 (N.D. Okla., May 24, 2012), below, an important exception to the...

Arkansas: Only Partial Offset of Claimant’s Disability Benefits By Retirement Benefits Allowed

Workers’ compensation, unemployment compensation, nonoccupational sickness and disability insurance, and old age and survivors’ and disability insurance are all based upon a common principle and a common operative fact: wage...