Acknowledging the relative informality within the South Dakota workers’ compensation laws as well as the public policy that the state’s Workers’ Compensation Act and its rules should be construed liberally...
SD Worker’s Letter Asking for “Review of Benefits” Was Inadequate to Toll Limitations Statute SD Worker’s Letter Asking for “Review of Benefits” Was Inadequate to Toll Limitations StatuteAffirming a decision by an Iowa district court that found, under the circumstances of the case, that the employee had provided the employer with sufficient notice of injury pursuant to...
Iowa Court Says “Near Miss” Report Can Serve as Notice of Injury to Employer Iowa Court Says “Near Miss” Report Can Serve as Notice of Injury to EmployerA New York appellate court recently affirmed a decision by the state’s Workers’ Compensation Board denying a claim for failure to provide proper notice to the workers’ compensation carrier where...
NY Claim Denied Where Carrier Was Prejudiced by Two-Year Delay in Claim Filing NY Claim Denied Where Carrier Was Prejudiced by Two-Year Delay in Claim FilingIn Colorado, the statute of limitations applicable to the state’s Workers’ Compensation Act [Colo. Rev. Stat. § 8-43-103(2)] is not tolled by the filing of the employer’s first report of...
Colorado Employer’s First Report of Injury and Other Preliminary Filings Do Not Toll Statute of Limitations Colorado Employer’s First Report of Injury and Other Preliminary Filings Do Not Toll Statute of LimitationsA notation in a Montana security guard’s daily log that he had been involved in an altercation with an unruly patient at the clinic to which he was assigned and...
Notation in Montana Security Guard’s Daily Log Re: Altercation With Unruly Patient Was Insufficient to Constitute Notice of Claim Notation in Montana Security Guard’s Daily Log Re: Altercation With Unruly Patient Was Insufficient to Constitute Notice of ClaimThe Supreme Court of North Dakota recently affirmed an ALJ’s finding that the filing of a worker’s claim some 29 months after the work incident was not timely, and, therefore,...
29-Month Delay in Filing North Dakota Claim Bars Recovery 29-Month Delay in Filing North Dakota Claim Bars Recovery