Monthly Archives: November 2018

2018’s Top 10 Workers’ Compensation Cases

In the Foreword of our forthcoming Workers’ Compensation Emerging Issues Analysis, 6th Edition [LexisNexis], due out in a few weeks, I note that in contrast to 2017, this year has been relatively calm for the workers’ compensation world. I caution … Continue reading

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Divided PA Supreme Court Refuses to Allow Comp Carrier to Maintain Third-Party Action on Behalf of Injured Employee

Injured Employee Must Either Assign Cause or Join Litigation as Party Plaintiff In Pennsylvania, a workers’ compensation insurance carrier may not maintain a third-party action against an alleged tortfeasor on behalf of an injured employee to recoup the amount paid … Continue reading

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Massachusetts Retaliatory Discharge Statute Protects Employee’s Right to Sue Employer in Tort

A provision of the Massachusetts Workers’ Compensation Act (Act), Mass. Gen. Laws ch. 152, § 75B(2), and not the common law, affords an employee who was injured on the job and incurred a loss of earning capacity from the injury … Continue reading

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Idiopathic Fall to Level Floor May Be Compensable in Iowa

Divided Court Adopts Minority Rule for Idiopathic Falls Adopting the minority American rule that all work-related risk factors must be considered in determining the compensability of an idiopathic fall—even the hardness of the floor—the Supreme Court of Iowa, in a … Continue reading

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Massive Stroke After MMI Does Not Result in Loss of Nebraska PTD Benefits

Where an employee sustained work-related injuries, reached maximum medical improvement (MMI), and, based on factual findings by Nebraska’s Workers’ Compensation Court (WCC), was adjudged to be permanently and totally disabled, a subsequent stroke that left her completely incapacitated and unable … Continue reading

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NY’s Medical Treatment Guidelines Apply to Out-of-State Providers Treating Nonresident Claimants

In a decision that could have significant repercussions for a number of claimants under the New York Workers’ Compensation Law, a state appellate court affirmed a decision of the Workers’ Compensation Board that the state’s Medical Treatment Guidelines (“guidelines”) apply … Continue reading

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Farm Worker’s Quick Visit to See Girlfriend and Get Beer Was Unreasonable Deviation From Employment

No Compensation Benefits for Injuries Sustained in Accident A farm worker, who sustained serious injuries in a vehicular accident when he failed to yield the right of way to oncoming traffic as he crossed a road on an employer-owned all-terrain … Continue reading

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New York: Board—Not the Trial Court—Must Determine if Worker Was Independent Contractor

Reiterating the important rule in New York, that where the availability of workers’ compensation benefits hinges upon questions of fact or upon mixed questions of fact and law, the parties may not choose the courts as the forum for resolution … Continue reading

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The Quiet Before the Storm

Workers’ Compensation Emerging Issues Analysis, 2018 Edition For the past six years, I have been pleased to be a primary editor and contributing author of an annual publication, Workers’ Compensation Emerging Issues Analysis, a “Larson Series” book published in late … Continue reading

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Ohio’s “Zone of Employment” Rule Protects Worker Who Clocked Out for Lunch

Injuries Sustained in Nearby Parking Lot Were Compensable Where an Ohio data entry worker had clocked out for lunch, exited the building, and fell in a nearby parking lot, breaking her arm, her claim for workers’ compensation benefits was not … Continue reading

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