Category: Issue commentary

Apr 13, 2020

Opinion Mondays: State Governors Have Pens, Who Needs Legislatures?

Since the outbreak of the coronavirus pandemic, a number of state governors (e.g., California, Kentucky, Missouri, and North Dakota) have issued executive orders promising extended workers’ compensation benefits and, in...

Opinion Mondays: State Governors Have Pens, Who Needs Legislatures? Opinion Mondays: State Governors Have Pens, Who Needs Legislatures?
Apr 6, 2020

Opinion Mondays: “Old” Case Law May Be Key to Many Coronavirus Claims

Over the past several weeks, as the coronavirus pandemic has raged across the United States, several state governors and a number of state legislatures have announced, and in a few...

Opinion Mondays: “Old” Case Law May Be Key to Many Coronavirus Claims Opinion Mondays: “Old” Case Law May Be Key to Many Coronavirus Claims
Mar 30, 2020

New Feature: Opinion Mondays — In the COVID-19 Medical Crisis, Who Is on the Front Line?

Last Wednesday (March 25), North Dakota Governor Doug Burgum signed Executive Order 2020-12 that, as of March 13, 2020, purports to extend special worker compensation protections to first responders, health...

New Feature: Opinion Mondays — In the COVID-19 Medical Crisis, Who Is on the Front Line? New Feature: Opinion Mondays — In the COVID-19 Medical Crisis, Who Is on the Front Line?
Mar 10, 2020

For Workers’ Comp World, Coronavirus is a Real “Snake in the Grass”

The world is transfixed by a new enemy: the coronavirus. I just received an email from my bank reminding me how I can use my accounts’ electronic features so as...

For Workers’ Comp World, Coronavirus is a Real “Snake in the Grass” For Workers’ Comp World, Coronavirus is a Real “Snake in the Grass”
Feb 18, 2020

Around the Horn: Admissibility of Hearsay in Workers’ Compensation Cases

It is axiomatic that the procedural law of workers’ compensation takes its lead and tone from the beneficent nature of the legislation. Except in those few jurisdictions utilizing court administration...

Around the Horn: Admissibility of Hearsay in Workers’ Compensation Cases Around the Horn: Admissibility of Hearsay in Workers’ Compensation Cases
Jan 13, 2020

NJ Court Approves Order Requiring Employer to Reimburse Worker for Medical Marijuana

In a case of first impression, earlier today (January 13, 2020), the Appellate Division of the Superior Court of New Jersey affirmed an order of a state workers’ compensation judge...

NJ Court Approves Order Requiring Employer to Reimburse Worker for Medical Marijuana NJ Court Approves Order Requiring Employer to Reimburse Worker for Medical Marijuana
Dec 27, 2019

Idaho High Court Does “a 180”: Employees May Sue Employers for Reckless Conduct

Reversing itself (in relevant part), a divided Supreme Court of Idaho cast aside a year-old decision and, after re-argument, adopted what amounts to a reckless standard in so-called “intentional” tort...

Idaho High Court Does “a 180”: Employees May Sue Employers for Reckless Conduct Idaho High Court Does “a 180”: Employees May Sue Employers for Reckless Conduct
Oct 31, 2019

Florida Illegal Immigrant Caught in Catch-22

Court Affirms Denial of Benefits Based on Improper Social Security Number. Signaling how easy it is in Florida to deny workers’ compensation benefits to an injured illegal immigrant, yesterday a...

Florida Illegal Immigrant Caught in Catch-22 Florida Illegal Immigrant Caught in Catch-22
Oct 21, 2019

NY Court Hints that Employer Might be Required to Pay for Medical Marijuana

In the first appellate decision from New York to deal with the intersection of the state’s medical marijuana law with its Workers’ Compensation Law, a state appellate court recently held...

NY Court Hints that Employer Might be Required to Pay for Medical Marijuana NY Court Hints that Employer Might be Required to Pay for Medical Marijuana
Oct 15, 2019

PA Court Says “Protz-Fix” is Constitutionally OK

Section 306(a.3) Mandating Use of AMA Guides, 6th Ed., Stands In enacting 77 Pa. Stat. § 511.3, which mandates a physician’s use of the American Medical Association “Guides to the...

PA Court Says “Protz-Fix” is Constitutionally OK PA Court Says “Protz-Fix” is Constitutionally OK
Jul 19, 2019

Commentary: The Challenges in Dealing With Cautious Medical Testimony

Five Out of Seven Ohio Supreme Court Justices Say Medical Opinion Was Ambiguous In a 5-2 decision, the Supreme Court of Ohio affirmed a finding by the Tenth District Court...

Commentary: The Challenges in Dealing With Cautious Medical Testimony Commentary: The Challenges in Dealing With Cautious Medical Testimony
Jul 12, 2019

PTSD Now a Compensable Condition in Connecticut—But Only if You’re a First Responder

This Wednesday (July 10, 2019), Connecticut Governor Ned Lamont, flanked by a group of first responders and state legislators, signed into law a new provision [S.B. 164, enrolled as Public...

PTSD Now a Compensable Condition in Connecticut—But Only if You’re a First Responder PTSD Now a Compensable Condition in Connecticut—But Only if You’re a First Responder