Month: September 2012

Sep 27, 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...

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 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
Sep 25, 2012

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...

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 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
Sep 24, 2012

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...

Ohio: Total Loss of Use of Rotator Cuff Does Not Mean Loss of Use of Arm Ohio: Total Loss of Use of Rotator Cuff Does Not Mean Loss of Use of Arm
Sep 20, 2012

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...

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 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
Sep 7, 2012

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...

South Carolina: Exotic Dancer Shot in Strip Club Brawl Was Not an Employee–No Workers’ Compensation Benefits South Carolina: Exotic Dancer Shot in Strip Club Brawl Was Not an Employee–No Workers’ Compensation Benefits
Sep 5, 2012

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...

Maryland: Expert Testimony Linking Employees’ “Sick Building” Syndrome to Workplace Not Admissible Maryland: Expert Testimony Linking Employees’ “Sick Building” Syndrome to Workplace Not Admissible
Sep 3, 2012

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...

Missouri: Boyfriend’s Murder of Employee Did Not Arise From the Employment; Wrongful Death Action Not Barred by Exclusive Remedy Doctrine Missouri: Boyfriend’s Murder of Employee Did Not Arise From the Employment; Wrongful Death Action Not Barred by Exclusive Remedy Doctrine
Sep 1, 2012

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...

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