Author Archives: Thomas A. Robinson

Kansas Claimants’ Attorneys Face “Catch-22” in Appellate Work

No Provision for Court-Ordered Fees on Appeal The Court of Appeals of Kansas recently reiterated that because of what amounts to a “Catch-22” in state law and appellate rules, an attorney representing a workers’ compensation claimant may not be awarded … Continue reading

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Maine Employer Need Not Pay for Injured Worker’s Medical Marijuana

In a case of first impression within the state, the Supreme Judicial Court of Maine, in a 5-2 decision, Bourgoin v. Twin Rivers Paper Co., LLC, 28 ME 77 (June 14, 2018), held that an employer may not be required … Continue reading

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California: Use of Preprinted C & R Form Does Not Waive Claims Outside Workers’ Comp Context

A California appellate court found a state trial court committed error when it granted summary judgment to an employer in an employment discrimination case filed by a former employee based on its finding that the former employee had released the … Continue reading

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Texas Insurer Barred from Going After Third-Party Settlement Proceeds

Where a worker’s compensation insurance policy contained a clause in which the carrier waived its right to recover from any third party sued by the injured employee, that clause also prevents the carrier from recovering from the injured employee, once … Continue reading

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Kansas Worker Gets No Benefits For Early Morning Injuries While Walking to Hotel

A Kansas roofer, who sustained catastrophic injuries when he was struck by a drunk driver as the roofer walked from a bar to his hotel at 2:20 a.m., could not recover workers’ compensation benefits for his injuries.  The roofer’s injuries … Continue reading

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Pre-Shift Assault on NYC Train Conductor at Station Not Compensable

Claimant Fails to Establish Exception to Going and Coming Rule Yesterday, a New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that denied the claim of a Transit Authority conductor who sustained injuries when she was … Continue reading

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PA High Court Says No Subrogation Allowed Regarding Heart and Lung Benefits

Strong Subrogation Rights Exist Only as to Payments Made under WCA Acknowledging that an employer/carrier’s outlay of workers’ compensation benefits entitles it to a subrogation lien on any recovery the injured worker enjoys against a third-party tortfeasor — including payments … Continue reading

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NY Construction Worker’s Fatal Heart Attack Found Compensable

Death Benefits Awarded in Spite of Smoking Habit and High Cholesterol A decision by New York’s Workers’ Compensation Board, which concluded that a construction worker’s death was causally-related to his employment, was recently affirmed by a state appellate court, in … Continue reading

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Vermont “Volunteer” Driver for Transit Authority is not an Employee

Driver’s Mileage Reimbursement Did not Constitute “Wages” Reimbursement for mileage driven at rates established by the Internal Revenue Service is not “wages” as defined by Vt. Stat. Ann. tit. 21, § 601(14), held the Supreme Court of Vermont recently in … Continue reading

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Maryland High Court Says Bus Driver’s Accident Traveling to Training Session May Have Been “Special Mission”

Claim Not Barred, as a Matter of Law, by Going and Coming Rule A county bus driver, who sustained injuries in an auto accident as she traveled to attend a mandatory training session held on a Saturday was not a … Continue reading

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