Monthly Archives: January 2015

Maine Home Treadmill Fatality Found Compensable

Illustrating the point that for telecommuting employees, who are often tethered to their employers by ubiquitous cell phones and tablets, the line between the employment world and private life is blurred—if it exists at all—Maine’s Supreme Judicial Court affirmed an … Continue reading

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New Mexico: Health Care Provider’s “Certification” of Medical Marijuana is Functional Equivalent of Prescription for Injured Worker

An authorized treating health care provider’s “certification” authorizing the use of medical marijuana under New Mexico’s Compassionate Use Act [N.M. Stat. Ann. § 26–2B–1 et seq.] is the functional equivalent of a prescription, held the Court of Appeals of New … Continue reading

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South Carolina Supreme Court Adopts What Amounts to Positional Risk Standard in Slip and Fall Cases

The Supreme Court of South Carolina, reversing the state court of appeals, recently held that an office worker who sustained injuries when she fell as she walked down an unobstructed, carpeted hallway, can recover workers’ compensation benefits; her injuries arose … Continue reading

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Kentucky High Court Splits in Case Involving Personal Comfort Doctrine

In a split decision dealing with the application of the personal comfort doctrine described in Larson’s Workers’ Compensation Law, § 21.01, et seq., a majority of the Supreme Court of Kentucky reversed a decision of the state’s court of appeals … Continue reading

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For Now, Exclusivity Does Not Bar Workers’ Tort Cases Against BP Products Following 2011 Chemical Release at Refinery

A Federal District Court in Texas has refused to grant a motion for summary judgment filed by Defendant BP Products North America, Inc. (“BP Products”) in a civil action arising out of an alleged chemical release at the BP refinery … Continue reading

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NY Employer’s Surveillance of Injured Worker Fails to Establish Fraud

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that an employer’s surveillance videos and testimony of its private investigator, which primarily showed a workers’ compensation claimant sitting or standing outside a café smoking, talking … Continue reading

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NY Employer’s Surveillance of Injured Worker Fails to Establish Fraud