Monthly Archives: June 2019

Kentucky’s Special Hearing Loss Threshold is Constitutional

Ky. Rev. Stat. § 342.7305, pursuant to which workers’ compensation claimants suffering hearing loss may not be awarded income benefits unless their whole person impairment rating (“WPI”)—as determined by converting their binaural impairment under AMA Guides—is at least 8%, does … Continue reading

Posted in Case comment | Tagged , , , , , , , | Leave a comment

NJ Diabetic Teacher’s Failure to Accommodate Claim Not Barred by Exclusivity

In a decision discussing several employment-related law issues, a New Jersey appellate court held, in relevant part, that a bodily injury claim arising from an employer’s failure to accommodate allegation under the New Jersey Law Against Discrimination (LAD) [N.J.S.A. 10:5-1 … Continue reading

Posted in Case comment | Tagged , , , , | Leave a comment

Delaware Supreme Court Says Injured Employees May Recover Under Employer’s Underinsured Motorist Coverage

The Supreme Court of Delaware, reversing earlier rulings by a state trial court, held that the exclusive remedy provisions of the state’s Workers’ Compensation Act (the Act), two workers who sustained work-related injuries in automobile accidents may proceed against their … Continue reading

Posted in Case comment | Tagged , , , , | Leave a comment

Seattle Delivery Service Hit With $1 Million in Workers’ Comp Premiums, Penalties and Interest

Two weeks ago I wrote about Amazon’s new “last-mile” delivery service. In that post, I pointed out that Amazon had carefully crafted the business model to assure that the delivery drivers would be characterized as employees—not its employees, mind you—but … Continue reading

Posted in Case comment, Issue commentary | Tagged , , , , , , , , , , | Leave a comment

Federal Court in Colorado Holds Injured Employee May Not Recover Under Employer’s Uninsured Motorist Coverage

In a diversity insurance case that the court indicated was an issue of first impression, the U.S. District Court for the District of Colorado, construing Colorado law, held that an employee injured in a work-related automobile accident is not entitled … Continue reading

Posted in Case comment | Tagged , , , , , , , , | Leave a comment

Colorado High Court Says 8th Amendment’s “Excessive Fines” Prohibition Protects Corporations, as Well as Individuals

Decision Calls Into Question Whether Per Diem Fines to Uninsured Employers Are Unconstitutionally Harsh The Supreme Court of Colorado, with one justice dissenting in part, recently held that the Eighth Amendment’s prohibition against the imposition of “excessive fines” applies to … Continue reading

Posted in Case comment, Issue commentary | Tagged , , , , , , , , , , , | Leave a comment

Texas Employee’s Tort Action for Fall in Parking Lot Injury May Move Forward

Employer Fails to Show Injury “Fell” Within “Access Doctrine” Exception to Going and Coming Rule A Texas appellate court recently held that an employer—the City of Corpus Christi—failed to show that a trial court lacked jurisdiction to consider a tort … Continue reading

Posted in Case comment | Tagged , , , , , , | Leave a comment

NY Claimant Establishes Aspergillosis Claim as an Accidental Injury

Court’s Ruling of No Occupational Disease Does Not Bar Claim (After Remittal) for Accidental Injury Where a New York appellate court reversed the state Workers’ Compensation Board’s finding that a claimant suffered from an occupational disease (allergic bronchopulmonary aspergillosis) and … Continue reading

Posted in Case comment | Tagged , , , , , | Leave a comment

For Illinois “Borrowing Employer,” Exclusive Remedy Defense Not Tied to Payment of Insurance Premiums

A temporary staffing agency worker may not maintain a cause of action against a “borrowing employer” for personal injuries sustained in a work-related accident in spite of the fact that the borrowing employer neither paid any workers’ compensation insurance premiums … Continue reading

Posted in Case comment | Tagged , , , , , , | Leave a comment

Injured Worker’s Failure to Mention Involvement in Side Business Did Not Result in Disqualification

A New York appellate court held the state’s Workers’ Compensation Board could reasonably conclude that a claimant had not made false statements or other misrepresentations for the purpose of obtaining workers’ compensation benefits where the claimant filed written forms indicating … Continue reading

Posted in Case comment | Tagged , , , , , , | Leave a comment