Monthly Archives: October 2015

Divided PA Supreme Court Says Mother/Caregiver’s Injuries at Hands of Knife-Wielding Son Were Not Compensable

In a truly bizarre case, a divided Supreme Court of Pennsylvania held that the state’s Commonwealth Court erred in finding that a claimant met her burden of proving that she sustained a work-related injury in the course and scope of … Continue reading

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Illinois Retaliatory Discharge Claim May Not Be Removed to Federal Court

A retaliatory discharge action filed under 820 Ill. Comp. Stat. Ann. § 305/4(h)—part of the Illinois Workers’ Compensation Act—may not be removed from an Illinois trial court to a federal district court on the basis of diversity of citizenship, held … Continue reading

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Iowa Sole Proprietor Working Alongside Others is Still Employer For Purposes of Workers’ Compensation Exclusive Remedy Defense

An Iowa sole proprietor, who worked alongside his employees, was nevertheless still an employer—and not a co-employee—for purposes of the Iowa Workers’ Compensation Act, held a state appellate court [Mullen v. Grettenberg, 2015 Iowa App. LEXIS 927 (Oct. 14, 2015)]. … Continue reading

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New York Nurse Awarded 90% Loss of Wage-Earning Capacity Due to Allergic Reaction to Hand Sanitizer

A New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that a former critical care nurse suffered a work-related 90 percent loss of wage-earning capacity where she presented evidence that she had several allergic reactions to … Continue reading

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Wyoming Employer Need Not Keep Immigration Documentation on Hand

While the workers’ compensation laws of virtually all states include illegally employed persons—e.g., minors and undocumented “aliens”—within the term “employee,” Wyoming’s definition is more restrictive. Only those aliens whom the employer “reasonably believes, at the date of hire and the … Continue reading

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