Monthly Archives: July 2012

VA: Virginia Court Mischaracterizes “Actual Risk” Test in Determining Legal Causation, Yet Offers Motherly Advice: “Waiters, Take Small Bites!”

Affirming a decision of the state’s Workers’ Compensation Commission that had denied benefits to a restaurant host/waiter who injured his esophagus while attempting to swallow a bite of quesadilla that he was tasting in order to be able to make … Continue reading

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South Carolina: Deputy Sheriff’s PTSD Claim in Connection With Fatal Shooting of Suspect Is Not Compensable–No “Extraordinary or Unusual Employment Condition” Existed

On Wednesday, a divided Supreme Court of South Carolina affirmed a unanimous finding of an Appellate Panel of the state’s Workers’ Compensation Commission that a deputy sheriff failed to meet his burden of proof in establishing a compensable mental injury … Continue reading

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South Carolina: Deputy Sheriff’s PTSD Claim in Connection With Fatal Shooting of Suspect Is Not Compensable–No “Extraordinary or Unusual Employment Condition” Existed

Texas: Communication by Comp Carrier’s Counsel to Insured Employer Not Protected by Attorney—Client Privilege

With one justice dissenting, the Supreme Court of Texas recently held that in a bad faith action brought by an injured employee against a workers’ compensation insurer, the attorney—client privilege does not protect communications between the insurer’s lawyer and the … Continue reading

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New Jersey: OSHA Violation is Insufficient to Show Necessary Level of “Intent” to Support Tort Claim Against Employer

As noted in my June 6, 2012 discussion of Estes v. Airco Serv., Inc., 2012 U.S. Dist. LEXIS 72134 (N.D. Okla., May 24, 2012), below, an important exception to the exclusive remedy rule relates to intentional injury inflicted by the … Continue reading

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