Where a North Carolina truck driver was terminated from employment because the employer determined that the driver had been at fault in causing an accident that resulted in his injuries,...
NC Employer May Not Use Truck Driver’s “Misconduct” in Causing Accident as Excuse for Denying TTD Benefits NC Employer May Not Use Truck Driver’s “Misconduct” in Causing Accident as Excuse for Denying TTD BenefitsAn Illinois appellate court affirmed the denial of workers’ compensation benefits to a university employee who sustained injuries when she tripped and fell as she stepped over a chain barrier...
Illinois Court Tacitly Says No Recovery Since Injury Was Claimant’s Fault Illinois Court Tacitly Says No Recovery Since Injury Was Claimant’s FaultIn another case involving Utah's so-called "Allen standard," under which an employee with a preexisting condition faces a heightened standard for proving legal causation, a state appellate court affirmed a...
Utah Court Agrees that Leap from Truck Was Unusual Utah Court Agrees that Leap from Truck Was UnusualYesterday, an Arkansas appellate court affirmed a finding by a county circuit court that held the Uniform Contribution Among Tortfeasors Act, as amended and codified at Ark. Code Ann. §§...
No Apportionment of Fault Allowed against Arkansas Employer No Apportionment of Fault Allowed against Arkansas EmployerReversing 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 ConductYesterday (Oct. 3, 2017), in a divided decision, the Supreme Court of Oklahoma struck down Okla. Stat. tit. 85A, § 57 of the Administrative Workers’ Compensation Act (AWCA), which disqualifies...
Another One Bites the Dust: Oklahoma Supreme Court Kills Provision of State’s Workers’ Comp Act Another One Bites the Dust: Oklahoma Supreme Court Kills Provision of State’s Workers’ Comp ActHas the State Established New Weight-Loss Program for Workers? Emphasizing that within the Colorado workers’ compensation scheme, the employer does not necessarily take the employee as it finds him (or...
Colorado Court Apportions Two-Thirds of Occupational Disease Claim to Overweight Mechanic Colorado Court Apportions Two-Thirds of Occupational Disease Claim to Overweight MechanicReversing a decision of the state’s Court of Appeals, the Supreme Court of Georgia, in Telecom v. Burdette, 2017 Ga. LEXIS 103 (Feb. 27, 2017), held that while the mere...
Georgia Supreme Court Clarifies “Willful Misconduct” Doctrine Georgia Supreme Court Clarifies “Willful Misconduct” DoctrineEbola has everyone spooked. I read this afternoon that a Dallas health care worker who handled one or more lab specimens from the Liberian man who died from Ebola is...
Commentary: Ebola Has Everybody Spooked; They’re Even Calling Me With Questions Commentary: Ebola Has Everybody Spooked; They’re Even Calling Me With Questions