Monthly Archives: February 2019

NY Worker’s Estate Entitled Only to Portion of Posthumous Schedule Loss of Use Award

In New York, where an injured employee dies without leaving a surviving spouse, child under 18 years old or dependent, only that portion of the employee's schedule loss of use (“SLU”) award that had accrued at the time of the … Continue reading

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“Regular” or “Recurrent” is Key to Statutory Employer Issue in Kentucky

Construing Kentucky’s “up-the-ladder” statutory employer framework, a state appellate court recently reiterated that workers' compensation immunity is extended to contractors—those who contract with another to have work performed of a kind that is a “regular or recurrent part of the … Continue reading

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SC Court Affirms Finding That Maintenance Worker Was Not Statutory Employee of Manufacturer

$14 Million Verdict Stands, Worker’s Duties, Although “Essential,” Were Not Part of Defendant’s Business In a South Carolina wrongful death action, the state’s Court of Appeals recently affirmed a trial court’s denial of a corporate defendant’s motion for judgment notwithstanding … Continue reading

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NJ Supreme Court Says Unemployed Volunteer Firefighter Deserves Temporary Disability Benefits

Reverses Lower Court That Disallowed TD Benefits Since Firefighter Had No Lost Wages Earlier today, reversing a late 2017 decision of the state’s Appellate Division [see my earlier discussion of that case here], the Supreme Court of New Jersey held … Continue reading

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Divided Kansas Court Says Lab Test Results Showing Marijuana Were Admissible

Rules of Evidence Do Not Strictly Apply to Comp Hearings Stressing that in workers’ compensation hearings, the Kansas Rules of Evidence do not apply and that even hearsay evidence may be admitted if it is sufficiently reliable, a divided Kansas … Continue reading

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Nurse Case Management Fees Not Part of Employer’s Subrogation Lien

Tennessee Employer Does Enjoy Lien for Disability Indemnity & Medical Expenses In a case of first impression, a Tennessee appellate court recently held that an employer does not enjoy a workers’ compensation subrogation lien for nurse case management expenses under … Continue reading

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Last Injurious Exposure: What Does “Impossible” Mean?

Oregon Court Says “Impossibility” May be Established by Medical “Probability” Oregon, like the majority of American jurisdictions, employs the “last injurious exposure” rule to assign liability among multiple employers in occupational disease cases. Under the state’s case law, a presumptively … Continue reading

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Kansas Court of Appeals Jettisons 82-Year-Old Supreme Court Precedent

Employer’s Payment of Medical Charges Revives Expired Statute of Limitations Reversing the state’s Workers’ Compensation Board, which had relied upon what it thought was established precedent (i.e., a 1936 decision by the state’s Supreme Court), a Kansas appellate court recently … Continue reading

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Virginia Worker’s “Short-Cut” Results in Denial of Benefits

Violation of Known Safety Rule Prevents Recovery for Injuries A decision to enter a fenced area at the employer’s facility through an unapproved opening, instead of through the approved interlock gate that would have deactivated machinery inside the fence, proved … Continue reading

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Virginia Court Affirms Professional Football Tryout’s AWW of $783.63

Potential $435K Annual Compensation Under Standard Contract Deemed Too Contingent The Court of Appeals of Virginia recently affirmed a determination by the state’s Workers’ Compensation Commission that fixed a professional football player’s average weekly wage at $783.63, despite the terms … Continue reading

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