Reversing an earlier decision of the state’s Court of Appeals, the Supreme Court of Virginia held that the phrase “injury by accident” linked two discrete concepts—an injury and an accident—that...
Virginia Supreme Court Rejects Lower Court's Attempt to Clarify "Sudden Mechanical or Structural Change" Rule Virginia Supreme Court Rejects Lower Court's Attempt to Clarify "Sudden Mechanical or Structural Change" RuleIt may be a long shot, but a recent New York appellate decision may have opened the door, if ever so slightly, to compensability of COVID-19 claims on the basis...
Opinion Mondays: Recent NY Case May Open Door for Compensability of COVID-19 Claims Without Need for Presumption Opinion Mondays: Recent NY Case May Open Door for Compensability of COVID-19 Claims Without Need for PresumptionThe Supreme Court of Missouri, construing the state’s special causation rules for workers’ compensation claims, affirmed a decision by the state’s Labor and Industrial Relations Commission that denied an employee’s...
"First Do No Harm" – Missouri Employee's Injuries At Doctor's Office Not Compensable "First Do No Harm" – Missouri Employee's Injuries At Doctor's Office Not CompensableCourt’s Ruling of No Occupational Disease Does Not Bar Claim (After Remittal) for Accidental Injury Where a New York appellate court reversed the state Workers’ Compensation Board’s finding that a...
NY Claimant Establishes Aspergillosis Claim as an Accidental Injury NY Claimant Establishes Aspergillosis Claim as an Accidental InjuryThe administrator of the estate of an Illinois employee killed in a work-related vehicular accident may not utilize the state’s “One Day Rest in Seven Act” (“ODRA”)[820 Ill. Comp. Stat....
Plaintiff May Not Use Illinois’ “One Day in Rest Act” to Subvert Exclusive Remedy of State’s Workers’ Compensation Act Plaintiff May Not Use Illinois’ “One Day in Rest Act” to Subvert Exclusive Remedy of State’s Workers’ Compensation ActIn 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...
Maryland: Forum Selection Clause in Pro Football Employment Agreement Cannot Trump State Law Maryland: Forum Selection Clause in Pro Football Employment Agreement Cannot Trump State Law