Kentucky Supreme Court to Kentucky Legislature: “Eat our Coal Dust”

Vision Mining, Inc. v. Gardner , 2010-SC-000311-WC (Ky. 2011): KRS 342.316 subjects coal workers’ pneumoconiosis claimants to a more stringent statutory treatment than all other pneumoconiosis claimants and thus violates the equal protection guarantees of the Federal and Kentucky Constitutions...

Larson’s Spotlight on Recent Cases: Court Questions Sufficient Nexus Where Injured Worker Hit by Car Returning From Physical Therapy Appointment

Larson's Spotlight on Intervening Cause, Chronic Obstructive Pulmonary Disease, Exclusive Remedy, and Offset. 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...

Unconstitutionality of New Mexico’s Farm and Ranch Laborer Exclusion: Griego v. WCA

Griego et al. v. WCA et al. ; CV 2009-10130 (New Mexico’s Second Judicial District Court) In New Mexico, a state district court judge recently ruled that it is unconstitutional to exclude farm and ranch laborers from the New Mexico Workers’ Compensation Act (“Act”). Despite...

California: Lien Claimants’ Notice of Representation Under SB 863

WCAB seeks to rein in the insanity of ever-changing hearing reps and to maintain respect of the judicial process, but does the new rule raise equal protection arguments? Recent noteworthy panel decisions indicate a trend whereby the WCAB is strictly enforcing new Rule 10774.5 ( reprinted in full below...