Background In 1928, the Minnesota Supreme Court issued a decision that would help establish important principles about when off-premises lunch injuries fall within the scope of workers’ compensation coverage. The...
Throwback Thursday: Krause v. Swartwood (1928) – When Lunch is Part of the Job Throwback Thursday: Krause v. Swartwood (1928) – When Lunch is Part of the JobBackground On May 21, 1946, Kelly fell and injured his left knee in an accident which arose out of and in the course of his employment with the employer. He...
Throwback Thursday: Kelly v. Federal Shipbuilding & Dry Dock Co. (1949) Throwback Thursday: Kelly v. Federal Shipbuilding & Dry Dock Co. (1949)The Case and Its Context The 1955 Texas Supreme Court decision in Bailey v. American General Insurance Co., 154 Tex. 430, 279 S.W.2d 315 (1955), represents a landmark in the...
Throwback Thursday: Bailey v. American General Ins. Co. (1955) Throwback Thursday: Bailey v. American General Ins. Co. (1955)In Bradford County v. Pasko, 323 A.3d 39 (Pa. Commw. 2024), the Pennsylvania Commonwealth Court affirmed a Workers’ Compensation Appeal Board decision that denied an employer’s claimed offset against workers’...
PA Commonwealth Court Says No Credit Allowed for Pension Benefits Provided by Employer to Injured Retiree PA Commonwealth Court Says No Credit Allowed for Pension Benefits Provided by Employer to Injured RetireePersonal Observation In 1977, I stood before the North Carolina Industrial Commission as a young workers’ compensation defense attorney, barely a year into practice, challenging a deputy commissioner’s credibility determination....
De Novo, Deference, or Something in Between: The Complex Landscape of Workers’ Compensation Administrative Review De Novo, Deference, or Something in Between: The Complex Landscape of Workers’ Compensation Administrative ReviewOrigins and Commercial Context Within commercial and financial contexts, the term “odd lot” has long been used to describe non-standard quantities of goods or securities that, because of their irregular...
Understanding the Odd-Lot Doctrine in Workers’ Compensation Law: Origins, Evolution, and Modern Application Understanding the Odd-Lot Doctrine in Workers’ Compensation Law: Origins, Evolution, and Modern Application