Month: April 2019

Apr 15, 2019

Kansas Supreme Court Reiterates: “Idiopathic” and “Unknown” Are Not Synonyms

Case Sent Back to Board for Determination Consistent With its Holding In a case of first impression, the Supreme Court of Kansas, affirming a decision of the state’s Court of...

Kansas Supreme Court Reiterates: “Idiopathic” and “Unknown” Are Not Synonyms Kansas Supreme Court Reiterates: “Idiopathic” and “Unknown” Are Not Synonyms
Apr 15, 2019

Colorado DIME Physician's Opinion Not Always Given Presumptive Deference

DIME Physician’s Opinions as to the Cause of Engineer’s Narcolepsy Not Afforded Special Deference By virtue of a special Colorado statute [Colo. Rev. Stat. § 8-42-107(8)(b)(III)], a division-sponsored independent medical...

Colorado DIME Physician's Opinion Not Always Given Presumptive Deference Colorado DIME Physician's Opinion Not Always Given Presumptive Deference
Apr 12, 2019

Rhode Island’s “Work-Sharing” Benefits Not Used in Computing AWW

In a case of first impression, the Supreme Court of Rhode Island held that “benefits” received under the state’s “work-sharing” program [see R.I. Gen. Laws § 28-44-69] are not to...

Rhode Island’s “Work-Sharing” Benefits Not Used in Computing AWW Rhode Island’s “Work-Sharing” Benefits Not Used in Computing AWW
Apr 11, 2019

Nebraska Deputy’s Fatal Injuries in Auto Accident Not Compensable

Deputy Was on Cell Phone Exchanging Shift-Change Information at Time of Crash A deputy sheriff’s death in an automobile accident did not arise out of and in the course of...

Nebraska Deputy’s Fatal Injuries in Auto Accident Not Compensable Nebraska Deputy’s Fatal Injuries in Auto Accident Not Compensable
Apr 10, 2019

Exclusive Remedy Defense Protects Some Employers In Spite of Express Indemnification Agreement

Landlord Could Not Implead Tenant/Employer In Injured Employee’s Suit Where Employer Was Not Negligent The exclusive remedy provision of the Delaware Workers’ Compensation Act [Del. Code Ann. tit. 19, §...

Exclusive Remedy Defense Protects Some Employers In Spite of Express Indemnification Agreement Exclusive Remedy Defense Protects Some Employers In Spite of Express Indemnification Agreement
Apr 9, 2019

Florida’s 6-Month Limitation on Temporary “Physical-Mental” Benefits is Constitutional

A Florida appellate court has upheld the constitutionality of a provision within the state’s Workers’ Compensation Act [§ 440.093(3), Fla. Stat.] that cuts off temporary benefits for psychiatric injuries six...

Florida’s 6-Month Limitation on Temporary “Physical-Mental” Benefits is Constitutional Florida’s 6-Month Limitation on Temporary “Physical-Mental” Benefits is Constitutional
Apr 8, 2019

No Recovery for Home-Based Workers’ Comp Adjuster Who Trips Over Her Dog

Deeply Divided Florida Court Says Risk of Tripping Did Not Arise Out of Employment Emphasizing that eligibility for workers’ compensation benefits turns on whether the employment led to the risk...

No Recovery for Home-Based Workers’ Comp Adjuster Who Trips Over Her Dog No Recovery for Home-Based Workers’ Comp Adjuster Who Trips Over Her Dog
Apr 4, 2019

Here We Go Again: Arkansas Bill Would Establish ERISA-Based “Alternative” System for Workers’ Compensation

Is This a Different Tack to Allow Employers to “Opt-Out” of Compulsory Coverage? Two days ago (April 2, 2019), Arkansas state senator Stanley Jason Rapert (Republican-35th District) introduced a bill...

Here We Go Again: Arkansas Bill Would Establish ERISA-Based “Alternative” System for Workers’ Compensation Here We Go Again: Arkansas Bill Would Establish ERISA-Based “Alternative” System for Workers’ Compensation