In an unpublished decision, an Illinois appellate court reversed a decision of a county circuit court confirming an award of workers’ compensation benefits by the state’s Workers’ Compensation Commission on...
Illinois Court Nixes Jurisdiction When Injury and Employment Contract Were in Indiana Illinois Court Nixes Jurisdiction When Injury and Employment Contract Were in IndianaWhere an Alabama resident sustained injuries in a work-related vehicular accident in Alabama, she could seek workers’ compensation benefits before an Alabama court in spite of a broad provision in...
Alabama Trucker Not Bound by Jurisdictional Limitation in Her Employment Agreement Alabama Trucker Not Bound by Jurisdictional Limitation in Her Employment AgreementWith a conflicting web of state versus state policies that would make any Conflict of Laws professor salivate, a federal district court in Pennsylvania found a choice of law provision...
War Between the States: Federal Court Decides PA Law Precludes Third-Party Indemnity Action Against Employer War Between the States: Federal Court Decides PA Law Precludes Third-Party Indemnity Action Against EmployerFaced with a direct conflict between two statutes of limitation, the first [ORS 30.275(9)] indicating that “notwithstanding any other … statute providing a limitation on the commencement of an action,”...
Oregon Court Resolves Statutory Dilemma Between Conflicting Statutes of Limitation Oregon Court Resolves Statutory Dilemma Between Conflicting Statutes of LimitationDueling Statutes: Which State’s Subrogation Law Should Apply? Variables within America’s mobile economy often produce complex choice of law issues, particularly when it comes to employer/insurer subrogation interests. For example,...
Arizona High Court Says Nebraska Law Prevents Absolute Assignment of Injured Worker’s Third-Party Claim Arizona High Court Says Nebraska Law Prevents Absolute Assignment of Injured Worker’s Third-Party ClaimIn a case of first impression, the 8th Circuit Court of Appeals affirmed a U.S. District Court decision that had dismissed a widow’s civil action seeking a declaration that N.D....
Eighth Circuit: North Dakota Need Not Substitute Colorado’s More Generous Death Benefits Rules for Claim Filed in the Peace Garden State Eighth Circuit: North Dakota Need Not Substitute Colorado’s More Generous Death Benefits Rules for Claim Filed in the Peace Garden StateA former basketball player in the Women’s National Basketball Association, who never resided in California, played just one of her 34-game career within the state, and who suffered no specific...
Board Lacks Subject Matter Jurisdiction Where Former WBNA Player Involved in Only One Game During 34-Game Career Board Lacks Subject Matter Jurisdiction Where Former WBNA Player Involved in Only One Game During 34-Game Career