An Arkansas appellate court affirmed the denial of workers’ compensation benefits to an employee who suffered mysterious GI bleeding while completing workers’ compensation claims forms at his employer’s facility, and...
Arkansas Court Stresses Difference Between “Idiopathic” and “Unexplained” Arkansas Court Stresses Difference Between “Idiopathic” and “Unexplained”Where a chef/cook, employed by a non-profit organization, sustained injuries at her employer’s “Family Fun Day”, an event that included recreational activities, games and music, held on a Saturday for...
NJ High Court Allows Claim for Injury Sustained During Charity’s “Fun Day” NJ High Court Allows Claim for Injury Sustained During Charity’s “Fun Day”A New York appellate court reversed a finding by the state's Workers' Compensation Board that had denied workers' compensation benefits to a home health attendant who provided care to one...
24-Hour NY Home Health Attendant’s Stop at Personal Physician’s Office Was Not a Deviation from Employment 24-Hour NY Home Health Attendant’s Stop at Personal Physician’s Office Was Not a Deviation from EmploymentApplying Virginia’s “actual risk” doctrine, which generally holds that simple acts of walking, bending, turning, or even climbing stairs–without proof of any other contributing environmental factors–are not risks of employment,...
Virginia Court Sticks to its “Actual Risk” Doctrine Virginia Court Sticks to its “Actual Risk” DoctrineSeveral weeks ago, an attorney friend called for some advice. One of his clients had asked if the client’s business might face additional liability if–once the COVID-19 vaccines are generally...
Opinion Mondays: Do Employers Face Additional Liability for COVID-19 Vaccination Side Effects? Opinion Mondays: Do Employers Face Additional Liability for COVID-19 Vaccination Side Effects?A defendant/co-worker’s act of bringing her dog to the employer’s residential facility for pregnant women to serve as a comfort animal was an activity that had to do with and...
Texas Employee’s Suit Against Co-Worker for Dog Bite is Barred by Exclusivity Texas Employee’s Suit Against Co-Worker for Dog Bite is Barred by ExclusivityThe Supreme Court of Illinois reversed a decision of the Appellate Court, Workers’ Compensation Division, that in turn had affirmed a denial of benefits to a restaurant sous-chef who sustained...
Illinois Supreme Court Clarifies Rule Regarding Injuries Stemming From Common Bodily Movements Illinois Supreme Court Clarifies Rule Regarding Injuries Stemming From Common Bodily MovementsThe Supreme Court of Wyoming held a state district court did not err when it rejected a determination by Office of Administrative Hearings that a worker’s claim for a work-related...
Wyoming Claim Involving Flesh-Eating Bacteria Not Barred by "Communicable Disease Exclusion" Wyoming Claim Involving Flesh-Eating Bacteria Not Barred by "Communicable Disease Exclusion"Falling in line with several federal decisions that had earlier ruled on the issue, an Illinois appellate court held the exclusive remedy provisions of the state’s Workers’ Compensation Act do...
Illinois Court Says Action for Statutory Damages Under Biometric Act Not Barred by Exclusivity Illinois Court Says Action for Statutory Damages Under Biometric Act Not Barred by ExclusivityA Colorado appellate court recently affirmed a decision by the state's Industrial Claim Appeals Office that found an airline pilot’s widow and children were entitled to survivor benefits after the...
Colorado Court: Pilot Not Engaged in Personal Deviation in Spite of Elevated Alcohol Level in His Blood Colorado Court: Pilot Not Engaged in Personal Deviation in Spite of Elevated Alcohol Level in His BloodRecently, I had an occasion to spar with a young reporter who was gathering background information on a COVID-19 piece that she’s preparing. She’s only been in the legal news...
Opinion Mondays: COVID-19 Presumptions Don't Stand Alone in the Workers' Comp World Opinion Mondays: COVID-19 Presumptions Don't Stand Alone in the Workers' Comp WorldA Louisiana appellate court affirmed an award of indemnity benefits, medical expenses, $6,000 in penalties, and $9,500 in attorney’s fees to a foreman who sustained two heat exhaustion episodes in...
Louisiana Foreman Awarded Benefits for Heat Exhaustion in Spite of Co-Morbid Condition Louisiana Foreman Awarded Benefits for Heat Exhaustion in Spite of Co-Morbid Condition