Tag: jurisdiction

Oct 5, 2021

West Virginia Court Stresses Six-Month Statute of Limitations is Strictly Construed

W. Va. Code 23-4-15(a), which requires workers’ compensation claims to be filed within six months from and after the date of injury or death, as the case may be, is...

West Virginia Court Stresses Six-Month Statute of Limitations is Strictly Construed West Virginia Court Stresses Six-Month Statute of Limitations is Strictly Construed
Sep 28, 2021

Illinois Court Nixes Jurisdiction When Injury and Employment Contract Were in Indiana

In an unpublished decision, an Illinois appellate court reversed a decision of a county circuit court confirming an award of workers’ compensation benefits by the state’s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 Indiana
Aug 26, 2021

Delaware Board Must Decide if COVID-Related Claim is Compensable

The Superior Court of Delaware (New Castle) held that the issue of whether an employee’s fatal COVID-19 infection was an injury or occupational disease must be determined by the state’s...

Delaware Board Must Decide if COVID-Related Claim is Compensable Delaware Board Must Decide if COVID-Related Claim is Compensable
May 19, 2021

Staffing Company’s Should Not Conflate Employment Contract and Specific Assignment

Employment Contract Formed In Illinois In Spite of Contingencies Required for First Assignment in Indiana In an unpublished decision, an Illinois appellate court affirmed a decision by the state’s Workers’...

Staffing Company’s Should Not Conflate Employment Contract and Specific Assignment Staffing Company’s Should Not Conflate Employment Contract and Specific Assignment
Feb 15, 2021

Alabama Trucker Not Bound by Jurisdictional Limitation in Her Employment Agreement

Where 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 Agreement
Nov 2, 2020

Massachusetts High Court Adopts New Jurisdictional Test for Extra-Territorial Injuries

In a case of first impression, the Supreme Judicial Court of Massachusetts held that the jurisdictional test for extra-territorial injuries employed by the review Board of the Department of Industrial...

Massachusetts High Court Adopts New Jurisdictional Test for Extra-Territorial Injuries Massachusetts High Court Adopts New Jurisdictional Test for Extra-Territorial Injuries
Jul 25, 2019

New Jersey Court Says Fifth “Larson” Factor (Residential Status) Not Sufficient to Establish Jurisdiction

Quoting and adopting the discussion found in Larson’s Workers’ Compensation Law, § 142.01, et seq., a New Jersey appellate court held that the fifth “Larson factor”—residency—is insufficient, in and of...

New Jersey Court Says Fifth “Larson” Factor (Residential Status) Not Sufficient to Establish Jurisdiction New Jersey Court Says Fifth “Larson” Factor (Residential Status) Not Sufficient to Establish Jurisdiction
Jun 14, 2017

New York Church Volunteer’s Personal Injury Action Barred by Exclusive Remedy Rule

A church volunteer, who contended that she suffered injuries when she tripped and fell over an exposed power cord near or on the altar as she went to help distribute...

New York Church Volunteer’s Personal Injury Action Barred by Exclusive Remedy Rule New York Church Volunteer’s Personal Injury Action Barred by Exclusive Remedy Rule