Monthly Archives: March 2019

Washington Public Defender May Be Able to Recover in Tort for Work-Related PTSD

Restrictive “Mental-Mental” Coverage in State’s Comp Act Opens Door to Potential Liability In a case with a bizarre fact pattern, a King County (Washington) public defender, who contended that she suffered post-traumatic stress disorder (PTSD) after she was stalked and … Continue reading

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

Ohio Widow’s Action Against Ford for Failure to Implement Substance Abuse Policy is Barred by Exclusivity Defense

Post-Mortem Shows Marijuana, Fentanyl, and Alcohol in Deceased Employee’s System In what appears to be the first case of its kind—an action filed against an employer for its allegedly inadequate measures in implementing the company’s substance abuse policy—an Ohio appellate … Continue reading

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

Aggressive Kentucky Bus Driver Denied Benefits for Injuries Sustained in Fight with Passenger

The Supreme Court of Kentucky, affirming a lower court’s decision denying workers’ compensation benefits to a bus driver who alleged that he sustained injuries in an altercation with a passenger, held that if a claimant’s aggressive or inflammatory behavior proximately … Continue reading

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

Colorado ALJ May Not Find MMI Without Appropriate Expert Medical Opinion

A Colorado appellate court recently held that a workers’ compensation claimant may not be placed at the point of maximum medical improvement (MMI) where neither the claimant’s treating physician nor the physician conducting the division-sponsored independent medical examination (DIME) has … Continue reading

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

NH High Court Issues Ruling on Medical Marijuana for Injured Worker—Sort of

Opinion Raises as Many Questions as It Answers Last Thursday (March 7), the Supreme Court of New Hampshire handed down a decision that reversed, in pertinent part, a state Appeals Board decision that had refused to require a workers’ compensation … Continue reading

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

Ohio Worker’s Claim Suspended After Refusal to Undergo Psychological Testing

An Ohio appellate court recently held that the state’s Industrial Commission did not err when it suspended the claim of an injured worker based on his refusal to undergo psychological testing [State ex rel. Calhoun v. Industrial Comm’n of Ohio, … Continue reading

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

Injured Delaware Worker May Not Recover Toll and Parking Charges Associated with Traveling to Medical Appointments

A Delaware appellate court affirmed a finding by the state’s Industrial Accident Board that pursuant to the Workers’ Compensation Act, an injured worker was not entitled to reimbursement for tolls and parking expenses associated with her travel to receive medical … Continue reading

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

Virginia Counselor’s Injuries While Attending Mandatory Off-Site Training Were Not Compensable

Appeals Court Says She Was Not Subject to Special Risk of Injury A Virginia appellate court reversed an award of workers’ compensation benefits to a licensed professional counselor who was injured when she tripped and fell over raised tree roots … Continue reading

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

Claim Under Minnesota’s Human Rights Act Not Barred by Exclusive Remedy Rule

In a split decision, the Supreme Court of Minnesota held that an employee, who sustained a work-related injury and who was receiving workers’ compensation benefits, may proceed against his employer under the state’s Human Rights Act (“HRA”) for discrimination against … Continue reading

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