Monthly Archives: December 2012

Missouri: Retaliatory Discharge Statute Requires Former Employee to Establish that Exercise of Rights Was Exclusive, Not Merely a Contributing, Factor in Firing

A Missouri appellate court recently affirmed a jury verdict in favor of a former employer on a former employee’s claim of retaliatory discharge and agreed that the former employee was required to show that his exercise of rights under the … Continue reading

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Michigan Becomes 5th State to Pass Social Media Law Affecting Employers’ Right to Private Information

On December 28, Michigan became the 5th state to pass a social media privacy law. House Bill 5523, entitled the Internet Privacy Protection Act, was signed by Gov. Rick Snyder and takes immediate effect. The law prohibits employers and educational … Continue reading

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Arkansas: Diabetic Ulcer Claim Related to Toe Blister From Employee-Supplied Boots Found Compensable

The Supreme Court of Arkansas, construing the state’s restrictive statute regarding the compensability of repetitive motion injuries, recently reversed a decision by the state’s Workers’ Compensation Commission that had denied, with one commissioner dissenting, an employee’s claim for benefits related … Continue reading

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Florida: Truck Driver Is Employed During Two-Day “Orientation” and is Entitled To Workers’ Compensation Benefits

A truck driver, who sustained injuries in an automobile accident as he traveled to lunch on the second day of a two-day orientation program was an employee of the trucking company and entitled to workers’ compensation benefits in spite of … Continue reading

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Kentucky: Teacher’s Tort Action Against Snake-Handling Assistant Principal Barred by Exclusivity

The Court of Appeals of Kentucky recently affirmed a state trial court’s summary judgment in favor of a high school assistant principal and a county board of education in a civil action filed by a high school teacher/administrator (and her … Continue reading

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US: Office Worker’s Tort Action Against Dentist Employer Alleging Sexual Assault Not Barred by Exclusivity

In Painter v. Atwood, 2012 U.S. Dist. LEXIS 176655 (D. Nev., Dec. 12, 2012), a federal district court from Nevada recently held, in relevant part, that a civil action filed by an female employee of a dental practice alleging intentional … Continue reading

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Georgia: Claimant Required to Consent to Ex Parte Communications Between Treating Physician and Employer or Employer’s Representative

Reversing the state’s Court of Appeals, the Supreme Court of Georgia has ruled that an employee who filed a claim under the state’s Workers’ Compensation Act, must authorize her treating physician to engage in ex parte communications with her employer, … Continue reading

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