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,...
Divided Iowa Supreme Court Says TPAs Are Immune from Common Law Bad Faith Claims Divided Iowa Supreme Court Says TPAs Are Immune from Common Law Bad Faith ClaimsPlaintiffs 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...
Open Court Settlement Stipulation Binds Parties in NY Civil Action Open Court Settlement Stipulation Binds Parties in NY Civil ActionOpinion 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...
Missouri Court Says Medical “Expert” Need Not be an M.D. Missouri Court Says Medical “Expert” Need Not be an M.D.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...
Florida Talent Payroll Services Firm is “Similar Agent” Under “Employer” Statute Florida Talent Payroll Services Firm is “Similar Agent” Under “Employer” StatuteLast Friday, the Supreme Court of Iowa, affirming a trial court’s earlier decision, held that Iowa Code § 517.5 (2017), which provides immunity to insurance companies and their inspectors from...
Iowa Statute Granting Immunity to Carriers for Faulty Inspections is Constitutional Iowa Statute Granting Immunity to Carriers for Faulty Inspections is ConstitutionalThe Court of Appeals of Virginia recently affirmed a decision by the state’s Workers’ Compensation Commission that denied a claimant’s petition to change her treating physician where the physician indicated...
Virginia Court Says Fear of Needles Isn’t Enough to Warrant Change in MDs Virginia Court Says Fear of Needles Isn’t Enough to Warrant Change in MDsCourt Discusses Important Distinction Between “Legal” and “Medical” Causation Stepping lightly through the difficult mine field of “legal causation,” a Utah appellate court affirmed a decision by the state’s Labor...
Utah Court: Unusual Exertion Required if Claimant Has Preexisting Condition Utah Court: Unusual Exertion Required if Claimant Has Preexisting ConditionEmployee Had Clocked Out and Traveled Six Stops Toward His Home Where a New York City subway train cleaner clocked out at the end of his shift, left his assigned...
Assault on NYC Subway Employee Exiting Train Did Not Occur In Course of Employment Assault on NYC Subway Employee Exiting Train Did Not Occur In Course of Employment