Monthly Archives: December 2014

New York Court Finds Worker’s Refusal of Light-Work Justified

A New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that a claimant had not voluntarily withdrawn from the labor market by refusing a light duty position with the employer since there was a reasonable basis … Continue reading

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Ohio Worker May Receive TTD Benefits In Spite of Positive Drug Test After Injury

Reiterating the Ohio rule that that a pre-injury infraction undetected until after the injury is not grounds for concluding that a claimant voluntarily abandoned his employment so as to preclude temporary total disability benefits, a state appellate court granted an … Continue reading

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8th Circuit: Insurer’s Refusal to Pay for Injured Undocumented Worker’s Groceries and Cable TV Not Bad-Faith Denial of Insurance Benefits

In an action alleging bad-faith denial of insurance benefits filed by an undocumented worker who sustained severe injuries in a work-related accident, the Eighth Circuit Court of Appeals, construing Iowa law, affirmed summary judgment in favor of a workers’ compensation … Continue reading

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Kentucky Court Affirms Limitation of Attorney’s Fee in Comp Claim Involving Multiple Beneficiaries

The Court of Appeals of Kentucky, in Roberts v. Sticklen, 2014 Ky. App. LEXIS 186 (Dec. 12, 2014) held that the plain language of Ky. Rev. Stat. Ann. § 342.320(2)(a) limited an attorney’s fee to $12,000, in spite of his … Continue reading

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Alabama: Injuries Sustained While Seeking Medical Treatment For Earlier Injury Are Compensable

In a case of first impression in Alabama, a state appellate court recently held that injuries sustained while traveling to or from a location to receive treatment for an earlier work-related injury arise out of and in the course of … Continue reading

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Maine Employer May Suspend Comp Benefits to Employee Who Mysteriously Disappeared

In a case with a bizarre setting—the injured employee mysteriously disappeared in March 2012, after being awarded and receiving workers’ compensation disability benefits for almost three years—the Supreme Judicial Court of Maine has affirmed a decision by the state’s Workers’ … Continue reading

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Florida Court Reverses Award Requiring Employer to Pay for Kidney Removal Based on Hindrance of Treatment Doctrine

A Florida appellate court recently reversed an order by a Judge of Compensation Claims requiring the employer/carrier to provide Claimant with treatment for a renal mass/cancer to the extent that it was a hindrance to treatment of a compensable lumbar … Continue reading

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Dependents of Ohio Worker Who Lived 4.5 Hours After Fall Awarded 1,225 Weeks of PPD Benefits

Continuing a line of decisions that have awarded permanent partial disability benefits to dependents of workers who sustain fatal injuries in a work-related incident, but who survive the incident for brief periods of time, an Ohio court has affirmed an … Continue reading

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Commentary: Florida Supreme Court Hints at How It May Decide Constitutionality of Florida Comp Act

In a decision handed down last Thursday [Morales v. Zenith Ins. Co., 2014 Fla. LEXIS 3555 (Dec. 4, 2014)], the Supreme Court of Florida may well have tipped its hand on how it would rule if, and when, the controversial … Continue reading

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Michigan Supreme Court Clarifies Independent Contractor-Employee Distinction

In a 6–1 decision, the Supreme Court of Michigan has reversed a 2013 decision of a special panel of the state’s Court of Appeals, finding that a landscape worker was an independent contractor and not an employee of the defendant … Continue reading

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