Month: June 2018

Jun 28, 2018

Oklahoma High Court OKs Use of “Current Edition” of AMA Guides

Conflict with PA’s Protz Decision is Only on the Surface The sections of Oklahoma’s Administrative Workers’ Compensation Act (AWCA) that require use of the “current edition” of the AMA’s Guides...

Oklahoma High Court OKs Use of “Current Edition” of AMA Guides Oklahoma High Court OKs Use of “Current Edition” of AMA Guides
Jun 19, 2018

Kansas Claimants’ Attorneys Face “Catch-22” in Appellate Work

No Provision for Court-Ordered Fees on Appeal The Court of Appeals of Kansas recently reiterated that because of what amounts to a “Catch-22” in state law and appellate rules, an...

Kansas Claimants’ Attorneys Face “Catch-22” in Appellate Work Kansas Claimants’ Attorneys Face “Catch-22” in Appellate Work
Jun 18, 2018

Maine Employer Need Not Pay for Injured Worker’s Medical Marijuana

In a case of first impression within the state, the Supreme Judicial Court of Maine, in a 5-2 decision, Bourgoin v. Twin Rivers Paper Co., LLC, 2018 ME 77, 187...

Maine Employer Need Not Pay for Injured Worker’s Medical Marijuana Maine Employer Need Not Pay for Injured Worker’s Medical Marijuana
Jun 14, 2018

California: Use of Preprinted C & R Form Does Not Waive Claims Outside Workers’ Comp Context

A California appellate court found a state trial court committed error when it granted summary judgment to an employer in an employment discrimination case filed by a former employee based...

California: Use of Preprinted C & R Form Does Not Waive Claims Outside Workers’ Comp Context California: Use of Preprinted C & R Form Does Not Waive Claims Outside Workers’ Comp Context
Jun 13, 2018

Texas Insurer Barred from Going After Third-Party Settlement Proceeds

Where a worker’s compensation insurance policy contained a clause in which the carrier waived its right to recover from any third party sued by the injured employee, that clause also...

Texas Insurer Barred from Going After Third-Party Settlement Proceeds Texas Insurer Barred from Going After Third-Party Settlement Proceeds
Jun 13, 2018

Kansas Worker Gets No Benefits For Early Morning Injuries While Walking to Hotel

A Kansas roofer, who sustained catastrophic injuries when he was struck by a drunk driver as the roofer walked from a bar to his hotel at 2:20 a.m., could not...

Kansas Worker Gets No Benefits For Early Morning Injuries While Walking to Hotel Kansas Worker Gets No Benefits For Early Morning Injuries While Walking to Hotel
Jun 1, 2018

Pre-Shift Assault on NYC Train Conductor at Station Not Compensable

Claimant Fails to Establish Exception to Going and Coming Rule Yesterday, a New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that denied the claim of...

Pre-Shift Assault on NYC Train Conductor at Station Not Compensable Pre-Shift Assault on NYC Train Conductor at Station Not Compensable