Monthly Archives: December 2013

South Carolina Supreme Court Says Nurse Anesthetist Was Employee, Not Independent Contractor

Reversing a decision by the state’s court of appeals, the Supreme Court of South Carolina recently held that direct evidence supported the Workers’ Compensation Commission’s original determination that a certified registered nurse anesthetist (CRNA), who sustained injuries when she fell … Continue reading

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Federal Judge in Phoenix Says RICO Case May Move Forward

A federal district court judge ruled yesterday that nine fire department employees may maintain a civil action they had filed under the Racketeer Influenced and Corrupt Organizations [RICO] Act against York Risk Services Group, the third-party administrator hired by the … Continue reading

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Federal Court (Wisconsin) Allows IIED Claim to Move Forward; Exclusivity Did Not Apply Since Plaintiff Was On Administrative Leave

Construing Wisconsin’s exclusive remedy defense, a federal district court recently refused to dismiss a civil action filed by a former principal against a school district alleging, among other things, intentional infliction of emotional distress, slander/libel, and civil conspiracy (the civil … Continue reading

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Illinois: Divided High Court Finds Injured Employee was Not a “Traveling Employee”

Construing the “traveling employee” rule, the Supreme Court of Illinois, in a divided decision, yesterday held that a worker who took a position with an employer located some 200 miles from his home, who had temporarily relocated at a nearby … Continue reading

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Board Lacks Subject Matter Jurisdiction Where Former WBNA Player Involved in Only One Game During 34-Game Career

A former basketball player in the Women’s National Basketball Association, who never resided in California, played just one of her 34-game career within the state, and who suffered no specific injury during that game, may not have her cumulative trauma … Continue reading

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Oklahoma High Court Rejects Initial Challenge to Opt Out Law

Yesterday (December 16), the Supreme Court of Oklahoma rejected an initial constitutional challenge to the controversial overhaul of the state’s workers’ compensation system via Senate Bill 1062, which allows, among other things, employers to opt out of the state’s newly … Continue reading

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