Month: June 2015

Jun 25, 2015

New Mexico Court Finds State’s “Farm and Ranch Laborer” Exclusion Unconstitutional

In Rodriguez v. Brand West Dairy, 2015 N.M. App. LEXIS 69 (June 22, 2015), a divided Court of Appeals of New Mexico recently held that the exclusion of coverage afforded...

New Mexico Court Finds State’s “Farm and Ranch Laborer” Exclusion Unconstitutional New Mexico Court Finds State’s “Farm and Ranch Laborer” Exclusion Unconstitutional
Jun 24, 2015

Florida Appellate Court Throws Out Judge Cueto’s “Padgett” Decision on Procedural Grounds

Earlier today (June 24th), Florida’s Third District Court of Appeal reversed and completely repudiated the decision of Judge Jorge E. Cueto, Circuit Court for Miami-Dade County, that had, on August 19,...

Florida Appellate Court Throws Out Judge Cueto’s “Padgett” Decision on Procedural Grounds Florida Appellate Court Throws Out Judge Cueto’s “Padgett” Decision on Procedural Grounds
Jun 23, 2015

Maryland: Electronic Submission of Claim Does Not Toll Statute of Limitations

In Hranicka v. Chesapeake Surgical, Ltd., 2015 Md. LEXIS 413 (June 18, 2015), the Court of Appeals of Maryland held that an employee’s claim was time-barred under Md. Code Ann.,...

Maryland: Electronic Submission of Claim Does Not Toll Statute of Limitations Maryland: Electronic Submission of Claim Does Not Toll Statute of Limitations
Jun 15, 2015

Colorado High Court Ok’s Firing of Worker For State-Authorized Use of Medical Marijuana

Earlier today, the Supreme Court of Colorado, affirming a split decision of the state’s Court of Appeals, held that under the plain language of Colo. Rev. Stat. § 24–34–402.5, Colorado’s...

Colorado High Court Ok’s Firing of Worker For State-Authorized Use of Medical Marijuana Colorado High Court Ok’s Firing of Worker For State-Authorized Use of Medical Marijuana
Jun 12, 2015

Iowa Court Affirms Rejection of “Uncontradicted” Expert Testimony

An commissioner’s award of permanent total disability benefits to an HVAC employee who claimed he suffered an electric shock while servicing a unit at a customer’s residence was supported by...

Iowa Court Affirms Rejection of “Uncontradicted” Expert Testimony Iowa Court Affirms Rejection of “Uncontradicted” Expert Testimony
Jun 10, 2015

Ohio Worker Injured Having “Kick Ass Time” May Not Sue Co-Worker

An Ohio restaurant employee may not pursue a negligence action against a co-worker for personal injuries sustained in a golf cart accident that occurred on an island resort where the...

Ohio Worker Injured Having “Kick Ass Time” May Not Sue Co-Worker Ohio Worker Injured Having “Kick Ass Time” May Not Sue Co-Worker
Jun 9, 2015

Arkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable

An Arkansas tanker-truck driver sustained an injury arising out of and in the course of the employment when he was struck by a vehicle as the truck driver exited a...

Arkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable

Arkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable

Jun 8, 2015

South Dakota: Horseplay Injury During Lull In Workday Found Compensable

Applying the four Larson factors to determine whether an act of horseplay was or was not a substantial deviation from the employment [see Larson’s Workers’ Compensation Law, § 23.01], the...

South Dakota: Horseplay Injury During Lull In Workday Found Compensable South Dakota: Horseplay Injury During Lull In Workday Found Compensable
Jun 5, 2015

Florida Court Says Judge Should Have Disqualified Himself For Bias

In Kline v. JRD Management Corp., 2015 Fla. App. LEXIS 8364 (1st DCA, June 2, 2015), a Florida appellate court recently held that a judge of compensation claims (“JCC”) erred...

Florida Court Says Judge Should Have Disqualified Himself For Bias Florida Court Says Judge Should Have Disqualified Himself For Bias