Month: May 2019

May 31, 2019

Amazon’s New “Last-Mile” Delivery Service: Who “Employs” that Driver-Deliverer at Your Door?

Commentary: Is the Workers’ Compensation World Ready for Amazon’s New Package Delivery Business Model? The Answer Might Surprise You! As I drove to a meeting in downtown Durham a few...

Amazon’s New “Last-Mile” Delivery Service: Who “Employs” that Driver-Deliverer at Your Door? Amazon’s New “Last-Mile” Delivery Service: Who “Employs” that Driver-Deliverer at Your Door?
May 30, 2019

What a Difference a Word Makes!

PA Criminal Defendant Who Can’t Make Bond is Not Disqualified From Benefits. Stressing that a provision within the Pennsylvania Workers’ Compensation Act [77 Pa. Stat. § 511.1] that requires suspension...

What a Difference a Word Makes! What a Difference a Word Makes!
May 29, 2019

Georgia Employee May Not Sue Employer for Negligent Denial of Medical Care Following Injury

A Georgia employee’s negligence claim against his employer for allegedly denying him access to medical care and insurance coverage following an injury in a vehicular crash is barred by the...

Georgia Employee May Not Sue Employer for Negligent Denial of Medical Care Following Injury Georgia Employee May Not Sue Employer for Negligent Denial of Medical Care Following Injury
May 28, 2019

Oregon Supreme Court Clarifies Standard in Unexplained Fall Cases

Finding that both the Oregon Workers’ Compensation Board and the state’s Court of Appeals had erroneously utilized the appropriate legal standard in their attempts to determine whether a bank employee’s...

Oregon Supreme Court Clarifies Standard in Unexplained Fall Cases Oregon Supreme Court Clarifies Standard in Unexplained Fall Cases
May 24, 2019

Oklahoma’s Retaliatory Discharge Statute Withstands Constitutional Challenge

Lack of Jury Trial and Limited Damages Pass Constitutional Muster Oklahoma’s retaliatory discharge statute [85A O.S.Supp. 2013 § 7], which restricts jurisdiction in relevant instances to the Workers’ Compensation Commission...

Oklahoma’s Retaliatory Discharge Statute Withstands Constitutional Challenge Oklahoma’s Retaliatory Discharge Statute Withstands Constitutional Challenge
May 23, 2019

Tornadoes and other “Acts of God”: When Are Weather-Related Injuries Compensable?

Yesterday, I had an interesting e-mail exchange with a blog subscriber who wanted my take on the compensability of injuries resulting from Acts of God, specifically, tornadoes and and lightning...

Tornadoes and other “Acts of God”: When Are Weather-Related Injuries Compensable? Tornadoes and other “Acts of God”: When Are Weather-Related Injuries Compensable?
May 22, 2019

NC Worker May Proceed in Tort Against Employer and Plant Nurse for Negligent Treatment

A North Carolina worker, who alleged that he was negligently diagnosed and treated by his employer’s plant nurse after suffering a stroke at work, may proceed in tort against that...

NC Worker May Proceed in Tort Against Employer and Plant Nurse for Negligent Treatment NC Worker May Proceed in Tort Against Employer and Plant Nurse for Negligent Treatment
May 21, 2019

Idaho Worker Seeking Disability Benefits May Not Avoid Independent Medical Exam

Once an Idaho claimant has filed a complaint seeking disability benefits, the employer may require her to attend a medical examination under Idaho Code § 72-433, held the Supreme Court...

Idaho Worker Seeking Disability Benefits May Not Avoid Independent Medical Exam Idaho Worker Seeking Disability Benefits May Not Avoid Independent Medical Exam
May 20, 2019

NY’s Public Assistance Benefits Are Wages for Purposes of Computing Loss of Use Award

Public assistance benefits paid to participants in a New York work experience program (WEP) are “wages,” as that term is defined in the state’s Workers’ Compensation Law [N.Y. Workers’ Comp....

NY’s Public Assistance Benefits Are Wages for Purposes of Computing Loss of Use Award NY’s Public Assistance Benefits Are Wages for Purposes of Computing Loss of Use Award
May 17, 2019

Virginia Court Clarifies “Sudden Mechanical or Structural Change” Requirement

A Virginia appellate court, affirming a decision by the state’s Workers’ Compensation Commission, held that a claimant need only prove her accident caused one “sudden mechanical or structural change” to...

Virginia Court Clarifies “Sudden Mechanical or Structural Change” Requirement Virginia Court Clarifies “Sudden Mechanical or Structural Change” Requirement
May 16, 2019

Oregon Court Says Landlord Employers Are Immune From Tort Liability

An Oregon appellate court, construing a specialized exception to the exclusive remedy provision of the state’s Workers’ Compensation Law, agreed in relevant part with a trial court that the personal...

Oregon Court Says Landlord Employers Are Immune From Tort Liability Oregon Court Says Landlord Employers Are Immune From Tort Liability
May 15, 2019

Ohio Court Takes Broad View of “Arising Out of Employment”

Owner/Employee’s Injuries in Wreck Were Work-Related Despite Fact That Meeting’s Purpose Was Tangential Injuries sustained in an auto accident by the owner/employee of a commercial-vehicle tire changing service as the...

Ohio Court Takes Broad View of “Arising Out of Employment” Ohio Court Takes Broad View of “Arising Out of Employment”