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Monthly Archives: June 2012
Oregon: Police Lieutenant’s Injuries During Coffee Break Are Compensable
On Wednesday, the Court of Appeals of Oregon, in McDermed v. City of Eugene, 2012 Ore. App. LEXIS 796 (June 27, 2012), affirmed an award of workers’ compensation benefits to a police lieutenant who sustained injuries when she was struck … Continue reading
Posted in Case comment
Tagged AOE/COE, arise out of the employment, coffee break, on call, Oregon, police
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Ohio: Unpaid Work for Wife’s Business Warranted Forfeiture of Benefits, But Not Finding of Fraudulent Activity
The Supreme Court of Ohio, affirming a decision of a lower level appellate court, recently held that while a claimant could not receive temporary total disability (TTD) benefits for any period in which he or she worked [Ohio Rev. Code … Continue reading
Posted in Case comment
Tagged fraud, misrepresentation, Ohio, temporary total benefits, TTD
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Missouri: Survivors May Proceed in Tort Against Uninsured Employer After Recovering Workers’ Compensation Benefits From Statutory Employer–No Election of Remedies Problem
In a 4–3 decision, the Supreme Court of Missouri recently reversed the decision of a state trial court that earlier had held a workers’ compensation award against a statutory employer barred a wrongful death claim against the deceased employee’s uninsured … Continue reading
Posted in Case comment
Tagged election of remedies, Missouri, statutory employer, tort action, uninsured employer
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Virginia: Non-Dependent Relative of Deceased Worker Caught in Catch-22
In the vast majority of states, non-dependent relatives of employees who suffer fatal work-related injuries are caught in a Catch-22. Since most state acts limit workers’ compensation death benefits to dependents, they don’t qualify. Yet, based upon the wording of … Continue reading
Posted in Case comment
Tagged dependent, exclusive remdy, non-dependent relatives, Virginia, wrongful death
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Maryland: Supervisor May Be Sued By Co-Employee re: Parking Lot Vehicular Accident
All but four states (Arkansas, Missouri, Maryland, Vermont, plus the Virgin Islands) extend immunity from tort liability not only to the employer, but co-employees, at least as long as the co-employee is acting within the course and scope of his … Continue reading
Posted in Case comment
Tagged AOE/COE, co-employee immunity, Exclusive Remedy, Maryland
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US: 2010 Statutory Amendment Spelled “Certain” Demise of Oklahoma’s “Substantially Certain” Rule in Intentional Injury Actions Against Employers
An important exception to the exclusive remedy rule relates to intentional injury inflicted by the employer on an employee. Several legal theories have been advanced to support the exception. The best is that the employer will not be heard to … Continue reading
Posted in Case comment
Tagged exclusive remdy, Federal, intentional tort, Oklahoma, substantial certainty, substantially certain
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Arkansas: Only Partial Offset of Claimant’s Disability Benefits By Retirement Benefits Allowed
Workers’ compensation, unemployment compensation, nonoccupational sickness and disability insurance, and old age and survivors’ and disability insurance are all based upon a common principle and a common operative fact: wage loss. Generally, the cause of the wage loss dictates the … Continue reading →