Monthly Archives: April 2019

Oregon Court Reiterates that “Susceptible to” Does Not Equate with “Preexisting Condition”

Court Nevertheless Reverses and Remands Board’s Decision That Had Awarded Benefits The Court of Appeals of Oregon recently reiterated that a mere susceptibility or predisposition that does not contribute to the cause of symptoms or a need for treatment is … Continue reading

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Home-Based Workers: Beware of Four-Legged “Best Friends”

Recent Decisions Reach Opposite Conclusions in Dog-Tripping Incidents According to a recent report published by the Bureau of Labor Statistics, as many as 22 percent of the American labor force perform at least some of their work at home. Indeed, … Continue reading

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Rhode Island’s Exclusive Remedy Rule Shields Worker Who Engaged in Dangerous Horseplay

On Tuesday of this week, the Supreme Court of Rhode Island affirmed a determination by a state trial court that granted summary judgment, on exclusive remedy grounds [see R.I. Gen. Laws § 28-29-20 (1956)], to a defendant in a negligence … Continue reading

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Virginia Police Officer’s Slip and Fall While Trying to Get Out of Pouring Rain is Not Compensable

In an unusual case that illustrates Virginia’s restrictive “arising out of the employment” test, a state appellate court yesterday affirmed the denial of workers’ compensation benefits to a former police officer who sustained injuries when she slipped on wet grass … Continue reading

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Ohio Employer Not Entitled to Unlimited Medical Release

An Ohio appellate court has refused to require a claimant seeking PTD benefits to deliver a signed, unlimited medical release to the employer [State ex rel. Costco Wholesale Corp. v. Howard, 2019-Ohio-1460, 2019 Ohio App. LEXIS 1560 (Apr. 18, 2019)]. … Continue reading

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Kansas High Court Says Amendment to “Failure to Move Forward” Statute Applies Retroactively

In a second recent case construing the effects of Kan. Stat. Ann. § 44-523(f)(1), which, according to the first such case, Glaze v. Williams, 2019 Kan. LEXIS 75 (Apr. 19, 2019)[see my post of yesterday], requires a workers compensation claimant … Continue reading

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What’s In A Comma?

Divided Kansas Supreme Court Argues Over Workers’ Comp Act’s “Failure to Move Forward” Statute In a divided decision, the Supreme Court of Kansas held that Kan. Stat. Ann. § 44-523(f)(1) requires a workers compensation claimant to move for an extension … Continue reading

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Oregon Supreme Court: Minimum Wage Law May Not Be Used to Determine Claimant’s Status as “Worker”

A commercial truck driver, who sustained injuries during an unpaid pre-employment drive test that consisted of an actual delivery for the prospective employer, was not a “worker,” as that term is defined by the Oregon Workers’ Compensation Act [Or. Rev. … Continue reading

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NY Court Reverses Board’s Decision to Disqualify Claimant From Future Benefits

Court Says Board Mischaracterized Videotape Surveillance Evidence A New York appellate court reversed a decision by the state’s Workers’ Compensation Board that disqualified a claimant from receiving future wage replacement benefits because he made false statements about his physical condition … Continue reading

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Missouri Court Affirms Award for Fall in Employer’s Parking Garage

45-Year Employee Did Not Face Similar Risk in Non-Employment Life A Missouri appellate court affirmed a decision by the state’s Labor and Industrial Relations Commission that awarded workers’ compensation benefits to a hospital employee who sustained injuries in a fall … Continue reading

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