Category Archives: Case comment

Georgia Restaurant Manager’s Gunshot Wound at Home During Attempted Robbery Was Compensable

A 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 gunshot wound, sustained during an attempted robbery as the manager … Continue reading

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Deeply Divided Oklahoma Supreme Court “Opts Out” of Legislature’s Definition of “intentional” Injury

“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, the Supreme Court of Oklahoma held that a workers' compensation … Continue reading

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Presumption of Correctness Afforded Florida’s EMAs Passes Constitutional Muster

§ 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 process guarantees of the Florida and federal constitutions, held the … Continue reading

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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

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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

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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

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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

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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

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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

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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

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