Category Archives: Case comment

Georgia Employee May Not Sue Employer for Negligent Denial of Medical Care Following Injury

A Georgia employee’s negligence claim against his employer for allegedly denying him access to medical care and insurance coverage following an injury in a vehicular crash is barred by the exclusive remedy provisions of the Georgia Workers’ Compensation Act, held … Continue reading

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Oregon Supreme Court Clarifies Standard in Unexplained Fall Cases

Finding that both the Oregon Workers’ Compensation Board and the state’s Court of Appeals had erroneously utilized the appropriate legal standard in their attempts to determine whether a bank employee’s fall was “unexplained” and, therefore, compensable, the Supreme Court of … Continue reading

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Oklahoma’s Retaliatory Discharge Statute Withstands Constitutional Challenge

Lack of Jury Trial and Limited Damages Pass Constitutional Muster Oklahoma’s retaliatory discharge statute [85A O.S.Supp. 2013 § 7], which restricts jurisdiction in relevant instances to the Workers’ Compensation Commission and, therefore, prevents claimants from having their causes heard by … Continue reading

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NC Worker May Proceed in Tort Against Employer and Plant Nurse for Negligent Treatment

A North Carolina worker, who alleged that he was negligently diagnosed and treated by his employer’s plant nurse after suffering a stroke at work, may proceed in tort against that employer and the nurse, held a state appellate court yesterday … Continue reading

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Idaho Worker Seeking Disability Benefits May Not Avoid Independent Medical Exam

Once an Idaho claimant has filed a complaint seeking disability benefits, the employer may require her to attend a medical examination under Idaho Code § 72-433, held the Supreme Court of Idaho [Moser v. Rosauers Supermarkets, 2019 Ida. LEXIS 86 … Continue reading

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NY’s Public Assistance Benefits Are Wages for Purposes of Computing Loss of Use Award

Public assistance benefits paid to participants in a New York work experience program (WEP) are “wages,” as that term is defined in the state’s Workers’ Compensation Law [N.Y. Workers’ Comp. Law § 2(9)], held a state appellate court [Matter of … Continue reading

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Virginia Court Clarifies “Sudden Mechanical or Structural Change” Requirement

A Virginia appellate court, affirming a decision by the state’s Workers’ Compensation Commission, held that a claimant need only prove her accident caused one “sudden mechanical or structural change” to her body to collect compensation for any injury caused by … Continue reading

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Oregon Court Says Landlord Employers Are Immune From Tort Liability

An Oregon appellate court, construing a specialized exception to the exclusive remedy provision of the state’s Workers’ Compensation Law, agreed in relevant part with a trial court that the personal representative of the estate of an employee individual who was … Continue reading

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Ohio Court Takes Broad View of “Arising Out of Employment”

Owner/Employee’s Injuries in Wreck Were Work-Related Despite Fact That Meeting’s Purpose Was Tangential Injuries sustained in an auto accident by the owner/employee of a commercial-vehicle tire changing service as the owner traveled to meet two subordinate employees for breakfast arose … Continue reading

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Divided Iowa Supreme Court Says TPAs Are Immune from Common Law Bad Faith Claims

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, under Iowa law, a common law cause of action for … Continue reading

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