Monthly Archives: March 2015

New York: Long-Term Exposure to Cold Found Insufficient to Support Occupational Disease Claim

A state park grounds-keeper, who worked outside—often in cold conditions—for more than 35 years, and who developed a diabetic ulceration with a secondary formation of osteomyelitis—an infection in a bone of his right foot—which required surgery and, later, partial amputation … Continue reading

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Pennsylvania Nurse Due Partial Benefits Because of Allergy to Hospital Floor Wax

Where a registered nurse suffered multiple allergic attacks caused by exposure to a chemical component of a floor wax product used by the hospital employing her, she was entitled to ongoing partial disability benefits in spite of the fact that … Continue reading

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Surveillance Video Sinks Ohio Claimant’s Odd-Lot Claim

Surveillance video spanning a period of almost three years that showed that the claimant, a former dockworker and truck driver, engaged in numerous physical activities, including riding a motorcycle, attending football games, yard work, and some lifting and bending activities … Continue reading

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South Carolina Supreme Court Says Exotic Dancer Was an Employee of Nightclub

In a split decision, the Supreme Court of South Carolina, reversing a majority decision by the state’s Court of Appeals, held that an exotic dancer was an employee—not an independent contractor—of a nightclub and that she was, therefore, entitled to … Continue reading

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Sunny Greetings from Isle of Palms, SC

Earlier today I had the pleasure of speaking at a “Spring Seminar” sponsored by Injured Workers’ Advocates, a group of South Carolina claimants’ attorneys who have gathered at the Isle of Palms resort near Charleston, SC for a few days … Continue reading

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Colorado Employer and Carrier Need Not Disclose if They Made Gifts to State Comp Judges

A Colorado workers’ compensation insurer and an employer’s counsel need not respond to a discovery request made by a workers’ compensation claimant that they disclose whether any of them had given any gifts “of monetary value” to anyone working for … Continue reading

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Juries Will Decide if Uber and Lyft Drivers are Employees

Supplementing my earlier post, in separate rulings yesterday, both Uber and Lyft failed to satisfy United States District Court judges that their drivers are independent contractors and not employees [see Cotter v. Lyft Inc., 13-cv–04065, and O’Connor v. Uber Technologies … Continue reading

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MN High Court Gives Math Lesson to Lower Court: “2/3 Does Not Equal 1/2”

Holding that the factual findings of a workers’ compensation judge were “self-contradictory,” the Supreme Court of Minnesota has, for the second time, reversed and remanded an award of benefits to an employee who fractured her ankle while traversing a staircase … Continue reading

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Tell-Tale Web Page on Employee’s Blackberry Spells Doom for South Dakota Comp Claim

An employee’s injuries sustained in a one-car auto accident while he drove down a dead-end road some 2.5 miles from his office did not arise out of and in the course of his employment in spite of some evidence that … Continue reading

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Chicago Plumbing Inspector’s Trip & Fall on Street Curb is Compensable

A City of Chicago plumbing inspector, whose duties required him to travel throughout the city by car to inspect the plumbing in both residential and commercial buildings, sustained an injury arising out of and in the course of his employment … Continue reading

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