Monthly Archives: December 2018

Ohio Bureau of Workers’ Comp Immune From Tort Liability for Alleged Faulty Inspections

An Ohio appellant court recently held that the state’s Bureau of Workers’ Compensation (“BWC”) was immune from tort liability in a civil action filed against it by the estate of a worker who sustained fatal injuries in an incident involving … Continue reading

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Video Surveillance & Social Media Result in Misconduct Finding by NY Board

A determination by the New York Workers’ Compensation Board that a claimant made false representations regarding material facts in violation of N.Y. Workers’ Comp. Law § 114-a was supported by substantial evidence and would not be disturbed where videotape evidence … Continue reading

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Immunity Afforded to Ohio Subcontractors Under Contractor’s Self-Insurance Plan is Constitutional

The grant of immunity afforded to subcontractors enrolled in an Ohio contractor’s self-insurance plan [see Ohio Rev. Code Ann. § 4123.35(O)] from claims by employees of another enrolled subcontractor does not violate right-to-remedy, right-to-jury, or equal-protection provisions of the Ohio … Continue reading

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Deeply Divided Oklahoma High Court Says Reduction of PPD Allowed Where Employer Paid Full Wages During Police Officer’s Disability Period

In a deeply divided (5-4) decision, the Supreme Court of Oklahoma recently held that a provision in the state’s workers’ compensation law [Okla. Stat. tit. 85A, § 89] allowing an employer—in this case a municipality—to receive a deduction to an … Continue reading

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South Carolina: In Dependency Case, Commission May Not Presume “Fornication” Occurred

In an ancient decision (one year older than me), Day v. Day, 216 S.C. 334, 58 S.E.2d 83 (1950), the Supreme Court of South Carolina, reflecting the general moral mindset of the time, held that a woman cannot be considered … Continue reading

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Nevada Employer Need Not Show Knowledge of Specific Medical Diagnosis to Recover from Subsequent Injury Fund

In Nevada, under Nev. Rev. Stat. § 616B.578, in order for an employer to receive reimbursement from the state’s “Subsequent Injury Account,” it must prove that that it had knowledge of a preexisting permanent physical impairment that would support a … Continue reading

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29-Month Delay in Filing North Dakota Claim Bars Recovery

The Supreme Court of North Dakota recently affirmed an ALJ’s finding that the filing of a worker’s claim some 29 months after the work incident was not timely, and, therefore, no compensation could be awarded [Lechner v. North Dakota Workforce … Continue reading

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New York Court Says Attorney’s Ex Parte Text Message to Physician Was Harmless

In a divided decision, a New York appellate court recently held that the state’s Workers’ Compensation Board abused its discretion when it excluded from the record a physician’s medical report and his deposition testimony, based upon the fact that claimant’s … Continue reading

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