Monthly Archives: December 2011

Ohio Court Nixes Post Traumatic Stress Disorder Claim in Spite of Close Ties With Truck Driver’s Compensable Physical Injuries

A divided Ohio appellate court recently affirmed a trial court’s final judgment that denied a dump truck driver’s claim for post traumatic stress disorder (“PTSD”) in spite of strong medical evidence that the disorder arose out of a violent work-related … Continue reading

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North Carolina Teacher’s Tort Action Against Principal Who Prankishly Sprayed Her in Face With Fire Extinguisher May Move Forward

In a split decision, the Court of Appeals of North Carolina, in Trivette v. Yount, 2011 N.C. App. LEXIS 2598 (Dec. 20, 2011), has affirmed an order of a state trial court that denied a motion to dismiss and alternatively … Continue reading

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North Carolina Worker Injured While Retrieving Paycheck Denied Benefits Under “Going and Coming” Rule

A North Carolina appellate court, in Quiroz v. Metropols Statuary, Inc., 2011 N.C. App. LEXIS 2619 (Dec. 20, 2011), recently affirmed a decision by the state’s Industrial Commission that had denied workers’ compensation benefits to a laborer who injured his … Continue reading

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Arkansas Court Affirms Commission’s Order Requiring Claimant’s Attorney to Receive Half of Fee Over Nine-Year Period

The Court of Appeals of Arkansas has affirmed a determination by the state’s Workers’ Compensation Commission that ruled that a claimant’s attorney must receive one-half the allowed attorney’s fee in periodic installments stretched out over almost nine years–the attorney had … Continue reading

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Michigan Governor Poised to Sign Significant Workers’ Compensation Legislation

Indications are that Michigan Governor Rick Snyder will soon sign legislation that makes significant modifications to the state’s workers’ compensation law. H.B. 5002, introduced by state Representative Brad Jacobsen (R-Oxford), and presented to the governor on December 16, includes a … Continue reading

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New Hampshire: Mental Injury Following Business Failure Is Not Compensable Injury

As is the case in a majority of states, mental injuries, including major depression caused by work-related stress, may qualify as compensable injuries in New Hampshire [N.H. Rev. Stat. Ann § 281-A:2, XI (2010)]. However, the New Hampshire statute does … Continue reading

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For Second Time in Eight Months, Arkansas Court Sends Case Back to Workers’ Compensation Commission to Determine if Claimant Successfully Rebutted Statutory Presumption Related to Alleged Methamphetamine Use

It’s axiomatic that in virtually all workers’ compensation cases it is the fact-finder–the Industrial Commission, Appeals Board, or the hearing officer–who must pass upon the credibility of witnesses; the appellate court may not do so. Occasionally, however, the fact-finder gets … Continue reading

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Pennsylvania Worker’s “Dual Persona” Tort Action Against Employer Fails

Since the enactment of the first state workers’ compensation laws one hundred years ago, exclusive remedy provisions within state acts have been a core component of the workers’ compensation “bargain.” Under the terms of that bargain, in exchange for modest … Continue reading

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Michigan Plaintiff’s Retaliatory Discharge Action Fails

Finding that a discharged plaintiff had failed to establish that she engaged in a protected activity under the Worker’s Disability Compensation Act (WDCA), MCL 418.101 et seq., failed to demonstrate a causal connection between her receipt of medical treatment and … Continue reading

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Nebraska High Court Nixes Pre-Employment Questionnaire “Misrepresentation” Defense

Holding that its decades-old adoption of the equitable misrepresentation defense in Hilt Truck Lines, Inc. v. Jones, 204 Neb. 115, 281 N.W.2d 399 (1979) was “clearly erroneous,” the Supreme Court of Nebraska, on December 9, 2011, reversed the judgment of … Continue reading

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