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 ConductCourt 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-22In 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 MarijuanaSection 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 OKFive 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 TestimonyThis 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 ResponderTwo weeks ago I wrote about Amazon’s new “last-mile” delivery service. In that post, I pointed out that Amazon had carefully crafted the business model to assure that the delivery...
Seattle Delivery Service Hit With $1 Million in Workers’ Comp Premiums, Penalties and Interest Seattle Delivery Service Hit With $1 Million in Workers’ Comp Premiums, Penalties and InterestDecision Calls Into Question Whether Per Diem Fines to Uninsured Employers Are Unconstitutionally Harsh The Supreme Court of Colorado, with one justice dissenting in part, recently held that the Eighth...
Colorado High Court Says 8th Amendment’s “Excessive Fines” Prohibition Protects Corporations, as Well as Individuals Colorado High Court Says 8th Amendment’s “Excessive Fines” Prohibition Protects Corporations, as Well as IndividualsCommentary: Is the Workers’ Compensation World Ready for Amazon’s New Package Delivery Business Model? The Answer Might Surprise You! As I drove to a meeting in downtown Durham a few...
Amazon’s New “Last-Mile” Delivery Service: Who “Employs” that Driver-Deliverer at Your Door? Amazon’s New “Last-Mile” Delivery Service: Who “Employs” that Driver-Deliverer at Your Door?Yesterday, I had an interesting e-mail exchange with a blog subscriber who wanted my take on the compensability of injuries resulting from Acts of God, specifically, tornadoes and and lightning...
Tornadoes and other “Acts of God”: When Are Weather-Related Injuries Compensable? Tornadoes and other “Acts of God”: When Are Weather-Related Injuries Compensable?Recent Decisions Reach Opposite Conclusions in Dog-Tripping Incidents According to a recent report published by the Bureau of Labor Statistics, as many as 22 percent of the American labor force...
Home-Based Workers: Beware of Four-Legged “Best Friends” Home-Based Workers: Beware of Four-Legged “Best Friends”Opinion Raises as Many Questions as It Answers Last Thursday (March 7), the Supreme Court of New Hampshire handed down a decision that reversed, in pertinent part, a state Appeals...
NH High Court Issues Ruling on Medical Marijuana for Injured Worker—Sort of NH High Court Issues Ruling on Medical Marijuana for Injured Worker—Sort of