Monthly Archives: January 2016

Tennessee Nurse’s PTSD Claim Fails In Spite of Flashback to Being Raped As Child

In an opinion not yet designated for publication [see Ireton v. Horizon Mental Health Mgmt., LLC, 2016 Tenn. LEXIS 3 (Jan. 19, 2016), a Tennessee appeals panel affirmed the denial of workers’ compensation benefits to a registered nurse of a … Continue reading

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Valley Fever Plaintiff Fails To Establish Comp Insurance Co.’s Extreme or Outrageous Conduct

Where a Mississippi resident contracted coccidiodomycosis (“Valley Fever”) at a job site in California and had received some indemnity and medical benefits under California’s Workers’ Compensation Act (“the Act”), he could not maintain a civil action for the insurance company’s … Continue reading

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Georgia M.D.’s Medical Report Indicating Claimant Was Threat to Doctor and Staff Not Libelous

Where an patient’s treating physician dictated a narrative report that became part of the patient’s worker’s compensation claim file indicating that the patient, through a translator, had made threatening statements during an appointment and that the doctor considered the patient … Continue reading

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New Mexico Employer Need Not Accommodate Medical Marijuana Use

An employer need not accommodate a New Mexico employee’s use of medical marijuana, even when that use is sanctioned under the state’s Compassionate Use Act (“CUA”), held a federal district court judge recently in Garcia v. Tractor Supply Co., 2016 … Continue reading

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Oregon Court Says Walking to Post Office Isn’t “Recreational” Just Because Employee Enjoyed the Activity

That an office worker enjoyed walking did not transform her trip to the post office during the workday into recreational activity, held an Oregon appellate court recently in Sedgwick Claims Mgmt. Servs. v. Norwood, 2015 Ore. App. LEXIS 1625 (Dec. … Continue reading

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California Court Uses Firefighter’s Rule to Bar Negligence Action By UPS Driver

Applying the firefighter’s rule, a specialized assumption of risk doctrine under which, in its most classic form, a person who starts a fire is said to owe no duty of care to the firefighter who is employed to respond to … Continue reading

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