Monthly Archives: October 2012

New York: Extraordinary Duties at Grocery Store on Super Bowl Sunday Mean Employee’s Death is Compensable

A New York appellate court recently agreed with the state’s Workers’ Compensation Board that the death of a grocery store employee was causally related to the employment where evidence showed that the deceased ordinary duties were as a receiver, that … Continue reading

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Iowa: Court Approves “Uneven” Split of Death Benefits Between American and Honduran Dependents of Deceased Undocumented Worker

The Court of Appeals of Iowa, in Carter v. Alter Trading Corp., 2012 Iowa App. LEXIS 879 (Oct. 17, 2012), applying the state’s “equitable” apportionment of workers’ compensation death benefits principles found in Iowa Code § 85.43, recently held that … Continue reading

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Iowa: Court Finds Evidence Does Not Support Requiring Employer to Bear Expense of Gastric Bypass Surgery

Because an injured worker offered no evidence, other than her own testimony, that her gastric bypass surgery had been beneficial to her work-related injury, it was error to find the employer responsible for the expense of the surgery, held an … Continue reading

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Illinois: Injured Employee’s “Dual Capacity/Dual Persona” Claim Against Corporate Officers of Employer Fails

In a recent decision by the Appellate Court of Illinois, Second District, Hilgart v. 210 Mittel Drive Partnership, 2012 Ill. App. LEXIS 850 (Oct. 17, 2012), the court held that an injured employee could not prevail against a partnership that … Continue reading

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Florida: “Firefighter’s Presumption” Aids Corrections Officer’s Heart Disease Claim Related to Unknown Virus Infection

Construing Florida’s “Firefighter’s Presumption” [see § 112.18(1), Fla. Stat.], in Walters v. State, 2012 Fla. App. LEXIS 17887 (1st Dist., Oct. 16, 2012), a state appellate court recently reversed a finding by a Judge of Compensation Claims that had denied … Continue reading

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US: Injured Employee May Not Sue Insured Iowa Employer For Bad Faith Failure to Pay Workers’ Comp Claim

A federal district court, sitting in Iowa, recently granted an employer’s motion to dismiss an action filed against it by a worker who had asserted that he had been injured in the course of his employment and that the various … Continue reading

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Pennsylvania: Injured Worker’s Participation in Employer’s “Special Attrition Plan” Causes a Loss in Disability Benefits

Evidence that an injured worker attended his employer’s “Attrition Plan” meeting and signed forms related to the employer’s “Special Attrition Plan,” that provided for, among other things, a lump sum payment to the worker of $35,000, was evidence that the … Continue reading

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Iowa: Lack of “Adequate” Remedy Does Not Mean Exclusive Remedy Provision May Be Circumvented

As observed by Dr. Larson, the exclusiveness defense is part of the quid pro quo by which “the sacrifices and gains of employees and employers are to some extent put in balance” [see Larson’s Workers’ Compensation Law, § 100.04]. It … Continue reading

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New York: By Hiring Illegal Alien, Employer Did Not Give Up Protection Against Third-Party Claims for Contribution and/or Indemnification

In spite of the fact that the Federal Immigration Reform and Control Act of 1986 (IRCA) makes it unlawful to knowingly hire undocumented (illegal) aliens [see 8 U.S.C.S. § 1324a], the dominant, although not unanimous, rule is that such undocumented … Continue reading

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New York: Comp Carrier Entitled to Take Credit Against Future Benefits for Rape Victim’s Settlement Against Employer and Co-Employees

A workers’ compensation carrier, who paid benefits to an aide at a juvenile detention center who was physically assaulted, raped, and kidnapped is entitled to take a dollar-for-dollar credit against future benefits owed where the aide settled a federal civil … Continue reading

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