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Monthly Archives: April 2015
Arkansas Court Approves Award of Additional Medical Expenses Related to ER Visit Six Months After Initial Injury
An Arkansas appellate court affirmed a finding by the state’s Workers’ Compensation Commission that an employee was entitled to additional medical benefits when, some six months after an ankle injury, he presented to an emergency room complaining of shortness of … Continue reading
Posted in Case comment
Tagged ankle injury, Arkansas, complications, emergency, infection, medical causation, PIC line
Comments Off on Arkansas Court Approves Award of Additional Medical Expenses Related to ER Visit Six Months After Initial Injury
Who’s “Opting Out” of Workers’ Comp—Employers or the States Themselves?
Recent Federal District Court Discusses ERISA’s Strong Preemption Provisions As I have noted on multiple other occasions, one of the distinctive features of the workers’ compensation “opt out” scheme is the employer’s establishment of an employee benefit plan (“EBP”) that … Continue reading
Posted in Issue commentary
Tagged ERISA, Oklahoma, opt out, opt outs, preemption, Tennessee
Comments Off on Who’s “Opting Out” of Workers’ Comp—Employers or the States Themselves?
Virgin Islands: Going and Coming—Is Break Taken to Run Errands a “Lunch” Break
In what Professor Larson would have referred to as an “upside-down” exclusivity case—where the employee tries to prove that her injuries were not covered by the applicable workers’ compensation law in order that she might instead pursue a tort action … Continue reading
Posted in Case comment
Tagged Exclusive Remedy, going and coming, premises, slip and fall, Virgin Islands
Comments Off on Virgin Islands: Going and Coming—Is Break Taken to Run Errands a “Lunch” Break
West Virginia High Court Crafts Narrow Exception to 6-Month Statute of Limitations in Death Claims
The Supreme Court of Appeals of West Virginia held that where a claimant delays the filing of a workers’ compensation death benefits claim because she was unaware, and could not have learned through reasonable diligence, that her husband’s cause of … Continue reading
Posted in Case comment
Tagged autopsy, death benefits, delay, reasonable, statute of limitations, West Virginia
Comments Off on West Virginia High Court Crafts Narrow Exception to 6-Month Statute of Limitations in Death Claims
SC Court Signals That Uber Business Model Probably OK in the Palmetto State
E-businesses like Uber and Lyft, which utilize smartphone or tablet apps to connect passengers and drivers with vehicles for hire are beginning to carve out a niche within the economy. As I mentioned in an earlier post, the Uber/Lyft business … Continue reading
Posted in Issue commentary
Tagged avoidance of employment relationship, eMove, employment, independent contractor, Lyft, South Carolina, Uber
Comments Off on SC Court Signals That Uber Business Model Probably OK in the Palmetto State
West Virginia Employee’s Unexplained Fall Was Idiopathic And Not Compensable
In a memorandum decision, the Supreme Court of Appeals of West Virginia affirmed the denial of workers’ compensation benefits to an employee who suffered a dislocation of his left knee and a tear of the meniscal cartilage while at work, … Continue reading
Posted in Case comment
Tagged concrete floor, fall, idiopathic, level floor, unexplained fall, West Virginia
Comments Off on West Virginia Employee’s Unexplained Fall Was Idiopathic And Not Compensable
PA: Native-American Marriage Ceremony Establishes “Widow’s” Common-law Marriage
On Tuesday, a Pennsylvania appellate court held that a claimant, whose purported husband had been killed in a work-related rollover accident at a ski resort, had presented clear and convincing evidence that the couple had joined in a common-law marriage … Continue reading
Posted in Case comment
Tagged ceremony, common-law marriage, death benefits, Native-American, Pennsylvania, surviving spouse, widow
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Maryland: Subsequent Injury Fund Assessment Not Reduced Due to Retirement Offset
The 6.5% assessment, payable by a Maryland employer or insurer to the state’s Subsequent Injury Fund on: (i) each award for permanent disability or death, or (ii) each amount payable a settlement agreement approved by the Workers’ Compensation Commission, must … Continue reading
Posted in Case comment
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Ohio Nurse’s Fall in Hospital ER Was Outside Course and Scope of Employment
A hospital nurse, who fractured her humerus in a fall in her employer’s emergency room when her coat apparently became ensnarled in a wheelchair, did not sustain an injury arising out of and in the course of the employment, held … Continue reading
Posted in Case comment
Tagged AOE/COE, hospital, nurse, Ohio, trip and fall, wheelchair
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Oklahoma High Court Refuses to Fast-Track Case Challenging Constitutionality of Workers’ Compensation Opt Out Law
Yesterday (April 28, 2015), the Supreme Court of Oklahoma, in a 7–2 vote, declined to assume original jurisdiction in a civil action challenging the constitutionality of the state’s new and controversial law that allows employers to “opt out” of the … Continue reading →
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