Month: December 2015

Dec 31, 2015

Nebraska Court: Injured Employee Failed to Establish Spinal Cord Stimulator Was Reasonable and Necessary

A Nebraska appellate court, in Yost v. Davita, Inc., 23 Neb. App. 482, 2015 Neb. App. LEXIS 204 (Dec. 29, 2015), affirmed a compensation court’s decision that an employer was...

Nebraska Court: Injured Employee Failed to Establish Spinal Cord Stimulator Was Reasonable and Necessary Nebraska Court: Injured Employee Failed to Establish Spinal Cord Stimulator Was Reasonable and Necessary
Dec 23, 2015

Florida Supreme Court Delivers Coup de Gras to Padgett

In a short—yet stinging—Order issued late yesterday [December 22, 2015], the Supreme Court of Florida declined to accept jurisdiction and accordingly denied a petition for review that had been filed...

Florida Supreme Court Delivers Coup de Gras to Padgett Florida Supreme Court Delivers Coup de Gras to Padgett
Dec 23, 2015

Iowa High Court Says Discovery Rule Applies to Single Trauma Injuries

In Baker v. Bridgestone/Firestone, 2015 Iowa Sup. LEXIS 103 (Dec. 18, 2015), the Supreme Court of Iowa recently held that the discovery rule in workers’ compensation law applies not only...

Iowa High Court Says Discovery Rule Applies to Single Trauma Injuries Iowa High Court Says Discovery Rule Applies to Single Trauma Injuries
Dec 11, 2015

Louisiana: Prescriptive Period Does Not Commence Until Party Has Knowledge of Cause of Action

Applying the “discovery rule” [see Larson’s Workers’ Compensation Law, § 126.05], pursuant to which the prescription period may be suspended where the cause of action is not known or reasonably...

Louisiana: Prescriptive Period Does Not Commence Until Party Has Knowledge of Cause of Action Louisiana: Prescriptive Period Does Not Commence Until Party Has Knowledge of Cause of Action
Dec 9, 2015

Amendments to Social Security Act in 2000 Do Not Trump Kansas Offset Statute

Overruling Dickens v. Pizza Co., Inc., 266 Kan. 1066, 1071, 974 P.2d 601 (1999), which had adopted an exception to the general rule allowing reduction in workers’ compensation benefits where...

Amendments to Social Security Act in 2000 Do Not Trump Kansas Offset Statute Amendments to Social Security Act in 2000 Do Not Trump Kansas Offset Statute
Dec 8, 2015

Illinois Police Officer’s Back Injury Lifting Duty Bag at Home Found Compensable

A police officer, who injured his back as he lifted his “duty bag” to place it in his personal vehicle prior to leaving his home for work sustained an injury...

Illinois Police Officer’s Back Injury Lifting Duty Bag at Home Found Compensable Illinois Police Officer’s Back Injury Lifting Duty Bag at Home Found Compensable
Dec 2, 2015

Washington Appellate Court Again Says “Tasered Trooper’s” Tort Action Not Barred by Exclusive Remedy Defense

Did Intermediate Appellate Court Abide by Supreme Court’s Remand Instructions? In a case that has ricocheted from a Washington state trial court to an intermediate appellate court and from that appellate court...

Washington Appellate Court Again Says “Tasered Trooper’s” Tort Action Not Barred by Exclusive Remedy Defense Washington Appellate Court Again Says “Tasered Trooper’s” Tort Action Not Barred by Exclusive Remedy Defense