Month: June 2014

Jun 30, 2014

Illinois: Tort Action Against Employer Not Barred Where Workers’ Comp Claim Was Time-Barred Before Employee Ever Learned of It

In a case of first impression, an Illinois appellate court, reversing a decision by a state trial court, has ruled that neither the exclusive remedy provisions of the Illinois Workers’...

Illinois: Tort Action Against Employer Not Barred Where Workers’ Comp Claim Was Time-Barred Before Employee Ever Learned of It Illinois: Tort Action Against Employer Not Barred Where Workers’ Comp Claim Was Time-Barred Before Employee Ever Learned of It
Jun 26, 2014

Oooops! In Ruling on Collateral Estoppel Issue, What Does a Court Do if Its Earlier Decision Was Actually Wrong?

In what is likely the last few days of the current term of the United States Supreme Court, an army of prognosticators are looking up from their tea leaves into...

Oooops! In Ruling on Collateral Estoppel Issue, What Does a Court Do if Its Earlier Decision Was Actually Wrong? Oooops! In Ruling on Collateral Estoppel Issue, What Does a Court Do if Its Earlier Decision Was Actually Wrong?
Jun 9, 2014

Florida Court Says PTSD Patient’s Ability to Communicate Directly With Psychologist is Not “Medical Necessity”

What if an injured worker was legally prevented from discussing his or her medical condition directly with the worker’s doctor, if the worker was required instead to listen to the...

Florida Court Says PTSD Patient’s Ability to Communicate Directly With Psychologist is Not “Medical Necessity” Florida Court Says PTSD Patient’s Ability to Communicate Directly With Psychologist is Not “Medical Necessity”
Jun 4, 2014

NFL Free Agent Injured in Minicamp Tryout Has No Comp Claim

A National Football League “free agent,” who had been released from his contract by the Philadelphia Eagles and who agreed, along with 15 other free agents, to attend a three-day...

NFL Free Agent Injured in Minicamp Tryout Has No Comp Claim NFL Free Agent Injured in Minicamp Tryout Has No Comp Claim
Jun 3, 2014

Wisconsin Lawyer’s Poker Playing and “Rainmaking” Insufficiently Connected to Employment to Support Serious Injury Claim from Motorcyle Accident

An attorney and shareholder of a law firm was appropriately denied workers’ compensation benefits in connection with a motorcycle accident that rendered him a quadriplegic, since his “rainmaking” activities was...

Wisconsin Lawyer’s Poker Playing and “Rainmaking” Insufficiently Connected to Employment to Support Serious Injury Claim from Motorcyle Accident Wisconsin Lawyer’s Poker Playing and “Rainmaking” Insufficiently Connected to Employment to Support Serious Injury Claim from Motorcyle Accident
Jun 2, 2014

Wyoming Court Says Division’s Rule Setting Arbitrary Limitation on TTD Benefits Is Invalid

Wyo. Stat. Ann. § 27–14–404 limits awards of TTD benefits to twenty-four months, but gives the Wyoming Worker’s Safety and Compensation Division (the Division) discretionary authority to extend the time...

Wyoming Court Says Division’s Rule Setting Arbitrary Limitation on TTD Benefits Is Invalid Wyoming Court Says Division’s Rule Setting Arbitrary Limitation on TTD Benefits Is Invalid