Where a claimant, former firefighter, represented during a functional capacity evaluation that he was unable to lift and/or carry any weighted objects, crouch, reach for an object, or complete any of the balance tests required during the evaluation, yet surveillance...
A finding by the New York Workers’ Compensation Board that a worker had failed to establish his claim for an occupational disease in the form of allergic bronchopulmonary aspergillosis did not prevent the worker from subsequently establishing an accidental...
Virginia, which has one of the most restrictive coverage formulae in the nation, generally requires that a claimant show she suffered a “sudden mechanical or structural change to the body” in order to meet the state’s definition of “injury...
In a decision that conforms with the majority rule among American jurisdictions, the Supreme Court of Kentucky affirmed a lower court finding that a municipal bus driver was appropriately denied workers’ compensation benefits in connection with injuries he...
A decision by Louisiana’s Office of Workers' Compensation granting summary judgment in favor of an employer and its workers' compensation insurer was improper where there was a genuine issue of material fact as to whether the employee's infection...
Continuing a line of similar decisions reached in various courts over the past year or so, the Fourth Circuit Court of Appeals held that the Airline Deregulation Act of 1978, 49 U.S.C. § 41713(b)(1), expressly preempted West Virginia's efforts to regulate...
Where an insurance broker secured a policy of workers’ compensation insurance for a client an hour or so after one of the client’s employee had suffered a work-related accident, without disclosing to the carrier that the accident and injury had occurred...
Substantial evidence supported the Workers’ Compensation Board’s ruling that an affiliate company, Quality Carriers, was claimant’s special employer and, therefore, liable for 50 percent of the workers’ compensation benefits owed to an injured...
Under Ky. Rev. Stat. Ann. § 342.730(1)(c)(2), where there is a cessation of employment, temporary or permanent, “for any reason, with or without cause,” payment of weekly benefits for PPD during the time of cessation is doubled. In a case of first...
In a divided decision, an Illinois appellate court held that a trial court did not abuse its discretion in allowing the defendant to raise the exclusive remedy defense in spite of the fact that the parties had already taken more than 40 depositions during more...
Overruling two of its own decisions, the Supreme Court of Ohio held that where a claimant in a workers’ compensation case voluntarily removes himself from his or her former position of employment for reasons unrelated to the workplace injury, the claimant...
A workers' compensation judge erred as a matter of law by declining to apply the mandatory fee-shifting provision set forth in N.M. Stat. Ann. § 52-1-54(F)(4)(2003)(amended 2013), because the worker made a valid offer under N.M. Stat. Ann. § 52-1...
Reversing the state’s Court of Civil Appeals, the Supreme Court of Oklahoma has reinstated a decision by a three-judge panel of the Workers’ Compensation Court that earlier held a workers’ compensation claimant was entitled to additional compensation...
A Florida appellate court affirmed an order by a Judge of Compensation Claims that denied a workers’ compensation claimant’s request for a $2,000 advance pursuant to § 440.20(12)(c), Fla. Stat., because she failed to establish a financial need...
An Ohio appellate court found that Ohio’s Industrial Commission acted within its discretion with it determined that the ordinarily daily activity of cleansing after using the toilet, which resulted in the exacerbation of the claimant's allowed conditions...