Monthly Archives: May 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 employer and the nurse, held a state appellate court yesterday … Continue reading

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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 of Idaho [Moser v. Rosauers Supermarkets, 2019 Ida. LEXIS 86 … Continue reading

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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. Law § 2(9)], held a state appellate court [Matter of … Continue reading

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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 her body to collect compensation for any injury caused by … Continue reading

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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 representative of the estate of an employee individual who was … Continue reading

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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 owner traveled to meet two subordinate employees for breakfast arose … Continue reading

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Divided Iowa Supreme Court Says TPAs Are Immune from Common Law Bad Faith Claims

In a signficantly divided (5-2) decision, the Supreme Court of Iowa, answering a question certified to it from the U.S. District Court for the Northern District of Iowa, held that, under Iowa law, a common law cause of action for … Continue reading

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Open Court Settlement Stipulation Binds Parties in NY Civil Action

Plaintiffs May Not Back Out Because They Didn’t Account for Workers’ Comp Lien and Medicare Set-Aside An open-court stipulation of settlement in a New York trial court is an independent contract between the parties and will be enforced to its … Continue reading

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Missouri Court Says Medical “Expert” Need Not be an M.D.

Opinion of Audiologist With Ph.D. Trumps Opinion of M.D. A Missouri appellate court has affirmed a decision of the state’s Labor and Industrial Relations Commission awarding permanent partial disability benefits to a claimant for a tinnitus condition in spite of … Continue reading

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Florida Talent Payroll Services Firm is “Similar Agent” Under “Employer” Statute

While Not an “Employee Leasing Company,” It Qualified as “Employer” A Florida appellate court held that a talent payroll services firm, while not an “employee leasing company,” was nevertheless an “employer” under Florida law, since it was a “similar agent” … Continue reading

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