Monthly Archives: September 2012

Kentucky: Electric Cooperative Shielded From Tort Action Filed by Dependents of Deceased Employee of Subcontractor–The Fact That Ice Storm Overwhelmed Resources of Coop Did Not Mean Repair Work Was Not Part of Coop’s “Normal” Business

All but a handful of states have “statutory-employer” or “contractor-under” provisions within their workers’ compensation laws that make a general contractor liable for compensation to the employee of a subcontractor–usually when the subcontractor is uninsured, but sometimes without reference to … Continue reading

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South Carolina: Injured Crane Operator’s Confident Testimony that He Could Run a Restaurant Did Not Constitute Substantial Evidence That He Had Not Proved Wage Loss

Testimony by an injured crane operator that he was interested in opening a restaurant was too speculative to support the full commission’s finding that the crane operator had not proved a wage loss, where his physical impairment clearly prevented him … Continue reading

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Ohio: Total Loss of Use of Rotator Cuff Does Not Mean Loss of Use of Arm

In Ohio, with the exceptions of hearing and sight, scheduled loss compensation was originally limited to amputation. More recently, however, (see State ex rel. Kroger Co. v. Johnson, 128 Ohio St.3d 243, 2011 Ohio 530, 943 N.E.2d 541], coverage has … Continue reading

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Kentucky: “No Good Deed Goes Unpunished”–Injured Volunteer Firefighter Gets no PD Award Since, After Lay-off, He Had No Wages From Which Benefits Could Be Computed

The Kentucky Court of Appeals sent a not so subtle message to any volunteer firefighter within the state who has been laid off from his or her regular employment during the current “Great Recession”: “Stop Volunteering!” Adding what amounts to … Continue reading

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South Carolina: Exotic Dancer Shot in Strip Club Brawl Was Not an Employee–No Workers’ Compensation Benefits

An exotic dancer, who worked in various “strip” clubs in North and South Carolina, and who was shot and seriously wounded while performing at the Boom Boom Room Studio 54 in Columbia, South Carolina, was an independent contractor and not … Continue reading

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Maryland: Expert Testimony Linking Employees’ “Sick Building” Syndrome to Workplace Not Admissible

A Maryland appellate court recently reversed a trial court’s decision that would have allowed testimony by a physician related to claims by various employees that they had sustained an accidental injury or occupational disease, known as “sick building syndrome,” as … Continue reading

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Missouri: Boyfriend’s Murder of Employee Did Not Arise From the Employment; Wrongful Death Action Not Barred by Exclusive Remedy Doctrine

Last Friday, a Missouri appellate court reversed a decision by a state trial court that had sustained a defendant-employer’s motion for summary judgment in a wrongful death action filed against it and others by parents of an 18-year-old employee who … Continue reading

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Texas: Fired Employee May Not Maintain Retaliatory Discharge Action Against Non-Subscribing Employer

A Texas appellate court recently affirmed a decision by a state district court that had granted summary judgment in favor of a nursing center in a retaliatory discharge lawsuit filed against it by a former employee [Addison v. Diversified Healthcare, … Continue reading

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