Yesterday, the Court of Special Appeals of Maryland, in a case of first impression, adopted the three-part test for compensability of injuries to home-based employees described in Larson’s Workers’ Compensation...
Maryland Home-Based Worker’s Fall Outside His Home Might Be Compensable Maryland Home-Based Worker’s Fall Outside His Home Might Be CompensableYesterday, my web administrator migrated the content of “workcompwriter.com” to a new, faster, better server. Alas, in doing so, yesterday’s post regarding the sovereign immunity (or rather, the lack thereof)...
Web Site Maintenance Completed, but with One Hitch Web Site Maintenance Completed, but with One HitchIn an unusual case testing the limits of the sovereign immunity enjoyed by our neighbor to the north, a divided First Circuit Court of Appeals reversed a decision by a...
Office Worker Employed by Canadian Consulate May Proceed in Tort Against Employer for Work-Related Injuries Office Worker Employed by Canadian Consulate May Proceed in Tort Against Employer for Work-Related InjuriesA Georgia appellate court, reversing a decision of a state Superior Court, held that substantial evidence supported a finding by the State Board of Workers’ Compensation that a restaurant manager’s...
Georgia Restaurant Manager’s Gunshot Wound at Home During Attempted Robbery Was Compensable Georgia Restaurant Manager’s Gunshot Wound at Home During Attempted Robbery Was Compensable“Substantially Certain” Doctrine Stays, in Spite of Specific Language to the Contrary In a deeply divided decision, with three justices concurring specially with the majority’s opinion, and four justices dissenting,...
Deeply Divided Oklahoma Supreme Court “Opts Out” of Legislature’s Definition of “intentional” Injury Deeply Divided Oklahoma Supreme Court “Opts Out” of Legislature’s Definition of “intentional” Injury§ 440.13(9)(c), Fla. Stat., which provides a presumption of correctness to the opinion of an expert medical advisor (“EMA”), is not violative of separation of powers, equal protection, and due...
Presumption of Correctness Afforded Florida’s EMAs Passes Constitutional Muster Presumption of Correctness Afforded Florida’s EMAs Passes Constitutional MusterKy. 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...
Kentucky’s Special Hearing Loss Threshold is Constitutional Kentucky’s Special Hearing Loss Threshold is ConstitutionalIn 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...
NJ Diabetic Teacher’s Failure to Accommodate Claim Not Barred by Exclusivity NJ Diabetic Teacher’s Failure to Accommodate Claim Not Barred by ExclusivityThe 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...
Delaware Supreme Court Says Injured Employees May Recover Under Employer’s Underinsured Motorist Coverage Delaware Supreme Court Says Injured Employees May Recover Under Employer’s Underinsured Motorist CoverageTwo 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...
Seattle Delivery Service Hit With $1 Million in Workers’ Comp Premiums, Penalties and Interest Seattle Delivery Service Hit With $1 Million in Workers’ Comp Premiums, Penalties and InterestIn 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...
Federal Court in Colorado Holds Injured Employee May Not Recover Under Employer’s Uninsured Motorist Coverage Federal Court in Colorado Holds Injured Employee May Not Recover Under Employer’s Uninsured Motorist CoverageDecision 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...
Colorado High Court Says 8th Amendment’s “Excessive Fines” Prohibition Protects Corporations, as Well as Individuals Colorado High Court Says 8th Amendment’s “Excessive Fines” Prohibition Protects Corporations, as Well as Individuals