Month: February 2014

Feb 27, 2014

Compromise and Settlement: May An Employer Include a Penalty Clause to Ward Off Further Vexatious Claims?

Each year I read–or at least scan–more than 1,500 workers’ compensation cases that make the appellate reporter system around the nation. As large as that number sounds, it’s really fewer...

Compromise and Settlement: May An Employer Include a Penalty Clause to Ward Off Further Vexatious Claims? Compromise and Settlement: May An Employer Include a Penalty Clause to Ward Off Further Vexatious Claims?
Feb 25, 2014

Ohio: Comatose Injured Worker’s Additional Claim for Loss of Vision and Hearing Fails

The Supreme Court of Ohio, reversing an earlier decision by an intermediate appellate court, recently affirmed the state Industrial Commission’s denial of a loss of vision and hearing claim under...

Ohio: Comatose Injured Worker’s Additional Claim for Loss of Vision and Hearing Fails Ohio: Comatose Injured Worker’s Additional Claim for Loss of Vision and Hearing Fails
Feb 25, 2014

Bariatric Surgery: Is it a Workers’ Compensation Medical Benefit?

Last week, I was very pleased to be a part of an Orlando, Florida risk management conference sponsored by Artex Risk Solutions. Along with two good friends and colleagues, Rebecca...

Bariatric Surgery: Is it a Workers’ Compensation Medical Benefit? Bariatric Surgery: Is it a Workers’ Compensation Medical Benefit?
Feb 17, 2014

Louisiana: Mileage Payment Does Not Bring EMT’s Travel Within the Employment; Going and Coming Rule Bars Claim

In Potier v. Acadian Ambulance Serv., Inc., 2014 La. App. LEXIS 347 (February 12, 2014), a Louisiana appellate court recently affirmed a decision by a state workers’ compensation judge that...

Louisiana: Mileage Payment Does Not Bring EMT’s Travel Within the Employment; Going and Coming Rule Bars Claim Louisiana: Mileage Payment Does Not Bring EMT’s Travel Within the Employment; Going and Coming Rule Bars Claim
Feb 17, 2014

NY: Employer Does Not Lose Exclusivity Defense in Contribution/Indemnification Case Because Employee was Undocumented Alien

N.Y. Work. Comp. Law § 11 bars third-party lawsuits for contribution and indemnification against an injured employee’s employer unless either (a) the employee suffered a “grave injury,” limited to death...

NY: Employer Does Not Lose Exclusivity Defense in Contribution/Indemnification Case Because Employee was Undocumented Alien NY: Employer Does Not Lose Exclusivity Defense in Contribution/Indemnification Case Because Employee was Undocumented Alien
Feb 14, 2014

NY Court: No Reopening Allowed in Established Claim re: Murdered Employee

Indicating that in New York there were two requisites for reopening a claim based on newly acquired evidence: (a) the application to reopen “must be made within a reasonable time...

NY Court: No Reopening Allowed in Established Claim re: Murdered Employee NY Court: No Reopening Allowed in Established Claim re: Murdered Employee
Feb 13, 2014

Idaho Shoe Lace Causes Compensable Herniated Disc

In a decision showing just how strongly the state’s workers’ compensation system separates the “arising out of” the employment component of the compensation formula from the “course of employment” component,...

Idaho Shoe Lace Causes Compensable Herniated Disc Idaho Shoe Lace Causes Compensable Herniated Disc
Feb 11, 2014

Texas Exclusive Remedy Provision Does Not Apply to Health Care Providers

The exclusive remedy provision of Tex. Lab. Code Ann. § 408.001(a) does not apply to health care providers, held a Texas appellate court recently, in Hand & Wrist Center of...

Texas Exclusive Remedy Provision Does Not Apply to Health Care Providers Texas Exclusive Remedy Provision Does Not Apply to Health Care Providers