Five Recent Workers’ Comp Cases You Should Know About (6/24/2011) – Truck Driver's Intentional Tort Against Employer For Injuries From Faulty Brakes Fails

Five Recent Workers’ Comp Cases You Should Know About (6/24/2011) – Truck Driver's Intentional Tort Against Employer For Injuries From Faulty Brakes Fails

Larson's Spotlight on Intentional Tort, CMS Delay in Payment, Jurisdiction for Out of State Injury, Scheduled Injury, and Hydrotherapy Tub. 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.

NY: Driver's Intentional Tort Action Against Employer and Its Principles For Injuries Due to Faulty Truck Brakes Fails

Allegations by a driver that his employers knew that the brakes on his truck were defective and that the driver was injured in a multi-vehicle collision when the brakes failed were insufficient to state a cause of action against the employer and its principles, indicated a New York court recently.  Emphasizing that a mere knowledge or appreciation of risk was insufficient to state a claim for intentional injury, the court said the conduct of defendants must have been engaged in with the desire to bring about the consequences of the plaintiff's injury.  The plaintiff's allegations fell short.

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: 2011 N.Y. Misc. LEXIS 2898. 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, § 103.03.

LA: No Penalties Owed by Employer Where Delay in Payment Was Caused by Centers for Medicare & Medicaid Services

A Louisiana appellate Court recently held that penalties and attorney's fees could not be awarded to a worker where the employer did not timely fund the worker's Medicare Set-Aside account because it was awaiting approval from the Centers for Medicare & Medicaid Services.  The court concluded that penalties for nonpayment within thirty days were not owed because the employer's nonpayment was the result of conditions over which it had no control [see LSA-R.S. 23:1201G].

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: 2011 La. App. LEXIS 755. 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, § 157.03.

KY: No Jurisdiction to Hear Claim for Out-of-State Injury Where Contract for Hire Was Also Completed Outside State Boundaries

The Supreme Court of Kentucky recently affirmed the dismissal of a workers' compensation claim related to a worker's out-of-state injury where it appeared that the employer's representative contacted the Kentucky resident by phone, the Kentucky resident received an application by fax from Rhode Island, completed it and returned it by fax, and after being hired, traveled to Rhode Island where he completed tax forms, took a drug test, completed orientation, and chose a truck.  The high court indicated a contract is made at the time the last act necessary for its formulation is complete and at the place where that act is performed.  The record supported the conclusion that the contract was made in Rhode Island, said the 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: 2011 Ky. LEXIS 94. 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, § 143.03.

OH: Worker Entitled to Additional Scheduled Injury for Loss of Toe Transplanted for Thumb

An Ohio appellate court recently held that an employee was entitled to a scheduled loss award for the loss of her left great toe when she lost her thumb and two fingers of her left hand in an industrial accident and her great toe was transplanted in place of her thumb.  She had received a scheduled loss award for the loss of two fingers in an amount equal to what she would have received for the loss of her left hand, but the court indicated she after reattachment and recovery, she was without her left great toe, entitling her to an additional award.

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: 2011 Ohio App. LEXIS 2432. 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, § 10.02, 86.03.

TN: Doctor's Note that Hydrotherapy Tub Would "Benefit" Injured Worker Was Insufficient

A note from an injured worker's physician that the worker "would benefit" from a hydrotherapy tub was insufficient when measured against the legal standard that required medical treatment to be "reasonably necessary and required for the treatment of his injury," held a Special Workers' Compensation Appeals Panel of the Supreme Court of Tennessee recently.  The court emphasized that the tub had not been prescribed by the physician.  The burden of showing that the tub was reasonably necessary was upon the worker and the doctor's note was insufficient to meet that burden of proof.

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: 2011 Tenn. LEXIS 598. 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, § 94.03.

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

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