Monthly Archives: July 2014

Alaska: Same-Sex Partner of Deceased Worker Entitled to Death Benefits In Spite of State’s “Marriage Amendment”

On Friday, the Supreme Court of Alaska, in Harris v. Millennium Hotel, 2014 Alas. LEXIS 149 (July 25, 2014), held that the state’s workers’ compensation death benefits statute, Alaska Stat. § 23.30.215, which provides survivors benefits only to a deceased … Continue reading

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Pennsylvania: Claimant’s Invocation of Self-Incrimination Rights Cannot, Standing Alone, Furnish Sufficient Evidence to Suspend Comp Benefits

On Monday, in Cruz v. Workers’ Comp. Appeal Bd. (Kennett Square Specialties), 2014 Pa. LEXIS 1772 (July 21, 2014), the Supreme Court of Pennsylvania held that as to the proper allocation of the burden of proof between an employer and … Continue reading

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Illinois Court Says “Ordinary” Reaching Activity is Nevertheless Risk of Employment

Acknowledging that there are three categories of risk to which an employee may be exposed: (1) risks distinctly associated with her employment; (2) personal risks; and (3) neutral risks which have no particular employment or personal characteristics, an Illinois appellate … Continue reading

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New York Court Affirms PTSD Award to Physician’s Assistant Threatened by Surgeon During Surgical Procedure

A New York appellate court has affirmed a decision of the state’s Workers’ Compensation Board that awarded workers compensation benefits for a stress-related injury sustained by a cardiothoracic physician’s assistant (“PA”) who contended she was threatened with physical violence by … Continue reading

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Ohio: Trouble-Maker Fails to Prove Discharge Was Because of Workers’ Compensation Claims

Acknowledging that two employees who had been embroiled in a shouting match during the work day had been treated different by the employer–the employee who apparently started the argument received a verbal warning which, under union rules, was not considered … Continue reading

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