Five Recent Cases You Should Know About (5/23/2010)

Larson’s Spotlight on Exclusivity/Slip & Fall Injury, Ex Parte Communication, Cancellation Notice, Hostages in Prison Break, and Fraud. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s Workers’ Compensation Law, has compiled the list below.

RI: Broad Exclusivity Rules Mean Employee May Not Sue Employer in Tort In Spite of Settlement Agreement That Stipulated Slip & Fall Injury Had Not Occurred in Course of Employment

A Rhode Island employee, who sustained injuries when she "missed a step" as she traveled down a staircase on the employer's premises on her way to lunch in the employer's cafeteria was barred from maintaining a tort action against the employer in spite of settlement documents, in her workers' compensation case, that stipulated that her injuries had not occurred in the course of her employment and that the settlement payment she received could not be considered workers' compensation benefits, held the Supreme Court of Rhode Island recently.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 R.I. LEXIS 59. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 132.05.

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CA: "Harmless" Ex Parte Communication Causes Disqualification of Medical Evaluator

A California appellate court recently reversed a ruling of the state Workers Compensation Appeals Board that had denied a claimant's petition for a new qualified medical evaluator where the existing QME had requested a copy of certain records in an ex parte telephone conversation with defense counsel, in spite of some evidence that the conversation might have been "administrative" only, and not on the merits of the case.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Cal. App. LEXIS 682. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 124.02.

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CT: Cancellation Notice Need Not Be Sent to Employer; Only Required Notice is to Commissioner

Connecticut's insurance termination statute, Conn. Gen. Stat. § 31-348 does not contain any requirement that the employer receive a notice of cancellation to be effective; The only precondition to effective cancellation is that an insurer provide notification to the chairman of the Workers' Compensation Commission, held a Connecticut appellate court recently.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Conn. App. LEXIS 186. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 150.03.

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FL: County Jail Nurses' Intentional Tort Action Against Employer Following Jail Break Fails

Nurses in a county jail who were held hostage by inmates who had escaped from their cells—one nurse was even shot—may not maintain an intentional tort action against the employer; there was no evidence that the employer was anything more than negligent, held a Florida appelate court.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Fla. App. LEXIS 6661. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 103.04.

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MA: Conviction for Workers' Comp Fraud Affirmed Where "Injured" Worker Was Discovered Working at Bar

Evidence that the defendant was working at a bar that he owned while collecting temporary total disability benefits was sufficient to support a jury's verdict that the defendant had committed workers' compensation fraud, held a Massachusetts appellate court recently.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Mass. App. LEXIS 621. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 39.03.

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Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

 Offer good through June 2010.