Monthly Archives: October 2013

Florida: First DCA Certifies Constitutional Question After Affirming $165 Fee for 107 Hours of Work

Reluctantly affirming a decision by a Judge of Compensation Claims that had awarded claimant’s counsel an attorney’s fee of only $164.54 for 107.2 hours of legal work reasonably necessary to secure the claimant’s workers’ compensation benefits and indicating further that … Continue reading

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Virginia: Self-Treatment by Rehab Professor Nixes Benefits for Subsequent Injuries

While Scripture may say, “Physician, heal thyself” [Luke 4:23, King James Version], that advice should apparently be avoided by professors of rehabilitation counseling. In a case replete with irony, the Court of Appeals of Virginia on Tuesday affirmed a determination … Continue reading

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Illinois: Excess Coverage Policies Enjoy Same Exclusion From Guaranty Fund “Cap” on Payment as Primary Coverage Policies

Like every other state, Illinois has established an insolvent insurance fund–the Illinois Insurance Guaranty Fund–that steps in, under appropriate circumstances, to pay claims when an insurance company authorized to transact business in state becomes insolvent and is unable to pay … Continue reading

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Pennsylvania: Massage Therapy By LPN Held to be Compensable Expense

A Pennsylvania appellate court, reversing a decision of the state’s Workers’ Compensation Appeal Board, recently held that since a licensed practical nurse (LPN) was a “health care provider” under § 109 (77 Pa. Stat. Ann. § 29) of the Pennsylvania … Continue reading

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Wyoming: Employee’s Intentional Tort Action Against Supervisors Fails

Construing the intentional injury exception to the exclusive remedy provisions of the Wyoming Workers’ Compensation Act [Wyo. Stat. Ann. § 27–14–104(a) (LexisNexis 2013)], the state’s Supreme Court recently affirmed a trial court’s grant of summary judgment favoring two co-employee supervisors … Continue reading

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Louisiana: Boilermaker’s 39-Day Work Schedule, With One Day Off, Found to Cause Stroke

In Louisiana, when an employee seeks to recover workers’ compensation benefits for a heart-related or perivascular injury, he or she must prove, by clear and convincing evidence, that: (i) The physical work stress was extraordinary and unusual in comparison to … Continue reading

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U.S. Supreme Court Will Not Hear Hutterite Colony’s Religious Exclusion Argument

Yesterday, the United States Supreme Court indicated that it would not hear a Montana Hutterite Colony’s argument that a 2009 amendment to a state statute [§ 39–71–307, MCA] violated the colony’s rights under the Free Exercise Clause and the Establishment … Continue reading

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Alabama: Work-Product Rule Protects Post-Injury Accident Report from Discovery

Last Friday, a divided Supreme Court of Alabama, applying the work-product rule, determined that a post-accident investigation report, conducted and prepared by an employer’s safety director and a co-worker and presented to the employer’s corporate health and safety director and … Continue reading

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