Monthly Archives: June 2017

Rock and a Hard Place: Placing Injured Undocumented Worker on Unpaid Leave May Be Retaliatory Discharge

In a divided decision, the Supreme Court of Minnesota held that an injured undocumented worker had raised a genuine issue of material fact as to whether an employer had discharged him—and whether that discharge was motivated by the worker’s action … Continue reading

Posted in Case comment | Tagged , , , , , , , | Leave a comment

California: Apportionment Inappropriate Where PTD Results From Medical Treatment, Not the Underlying Condition

Where a California worker developed a number of conditions during her 26-year career with her employer, including carpal tunnel syndrome (CTS), which medical experts attributed 90 percent to industrial factors and 10 percent to nonindustrial factors, it was error for … Continue reading

Posted in Case comment | Tagged , , , | Leave a comment

California In-Home Caretaker Awarded Benefits for Injuries Sustained in Bicycle Accident

Observing that California’s “required vehicle” exception to the going and coming rule arises where the employee’s use of his or her own vehicle gives some incidental benefit to the employer, a state appellate court held that an in-home caretaker sustained … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on California In-Home Caretaker Awarded Benefits for Injuries Sustained in Bicycle Accident

Pennsylvania High Court Strikes Down Use of “Most Recent” AMA Guides

In a highly anticipated decision, Protz v. Workers’ Comp. Appeal Bd. (Derry Area Sch. Dist.), 2017 Pa. LEXIS 1401 (June 20, 2017), a split Supreme Court of Pennsylvania yesterday held that the provision, found in Section 306(a.2) of the state’s Workers’ … Continue reading

Posted in Issue commentary | Tagged , , , , , | Comments Off on Pennsylvania High Court Strikes Down Use of “Most Recent” AMA Guides

Kentucky IME May Use Clinical Skill and Judgment in Construing AMA Guides

Where an independent medical evaluator concluded that the active range of motion (ROM) measurements she obtained from an injured worker were implausible, indicative of poor effort, and insufficient to verify that an impairment of a certain magnitude existed, the physician … Continue reading

Posted in Case comment | Tagged , , , , , , | Comments Off on Kentucky IME May Use Clinical Skill and Judgment in Construing AMA Guides

Ouch!: Live-in New York Domestic Worker’s Cut Finger Results in $86,000 Penalty To Employing Husband and Wife

In Matter of Castillo v Brown, 2017 N.Y. App. Div. LEXIS 4839 (June 15, 2017), a New York appellate court affirmed the imposition of an $86,000 penalty against a husband and wife who employed a live-in domestic to perform housekeeping and … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Ouch!: Live-in New York Domestic Worker’s Cut Finger Results in $86,000 Penalty To Employing Husband and Wife

New York Church Volunteer’s Personal Injury Action Barred by Exclusive Remedy Rule

A church volunteer, who contended that she suffered injuries when she tripped and fell over an exposed power cord near or on the altar as she went to help distribute Communion, may not sue the church in tort as her … Continue reading

Posted in Case comment | Tagged , , , , , | Comments Off on New York Church Volunteer’s Personal Injury Action Barred by Exclusive Remedy Rule

West Virginia Statute Barring Comp Benefits for Many—But Not All—Work Release Inmates is Constitutional

A provision in the West Virginia Workers’ Compensation Act [W. Va. Code § 23–4–1e(b)] that prohibits an inmate housed at a state work release center from receiving workers’ compensation benefits for injuries sustained while performing work for the state’s Division … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on West Virginia Statute Barring Comp Benefits for Many—But Not All—Work Release Inmates is Constitutional

Those Holding Their Breath for Arkansas Opt Out Legislation Can Exhale

I should have noted this earlier, but anyone still holding his or her breath as to whether Arkansas might pass workers’ compensation opt out legislation during the Legislature’s 2017 session can now officially exhale. As I indicated here and here, … Continue reading

Posted in Issue commentary | Tagged , | Comments Off on Those Holding Their Breath for Arkansas Opt Out Legislation Can Exhale

PA Employer Establishes Worker’s Loss of Earnings Claim by Creating Special Job That Paid Less

Where a workers’ compensation benefits claimant initially returned to work in a modified-duty position at no loss of wages and subsequently accepted a permanent light-duty position that the employer had specially created for her, which did result in lower wages, … Continue reading

Posted in Case comment | Tagged , , , , , | 1 Comment