Despite the apparent harshness of the rule, the Supreme Court of Alaska affirmed a trial court’s decision granting a general contractor and building owner summary judgment in a wrongful death action filed by the estate of an apprentice electrician... Read More

A 2018 amendment to Kentucky’s Workers’ Compensation Act that terminates an injured worker’s right to indemnity compensation when the worker reaches the age of 70, or four years from the date of injury or last injurious exposure, whichever... Read More

Under Oklahoma’s retaliatory discharge statute, 85A O.S.Supp. 2013 § 7, a worker who claims that he or she was fired for filing a workers’ compensation claim must seek relief from the state’s Workers’ Compensation Commission;... Read More

The Supreme Court of Iowa held that a statutory provision [Iowa Code § 517.5 (2017] that provides tort immunity to insurers and their inspectors for any alleged faulty inspections at an employer's work site is constitutional. Based on that ruling... Read More

Mont. Code Ann. § 39-71-605, which permits workers’ compensation insurers to obtain multiple medical examinations of a claimant, does not permit the State Fund (which had insured the risk and was administering the claim in the instant case... Read More

Utah Code Ann. § 35-1-65 (1982) (current version at Utah Code § 34A-2-410 (2016)), which provides that an injured worker who is temporarily totally disabled shall receive a specified amount of compensation per week, but that in no case shall... Read More

The Supreme Court of Oklahoma, in a divided decision, has opted not to assume original jurisdiction in a constitutional challenge to the state’s controversial workers’ compensation opt out law. In its one line order, a majority of the court... Read More

Labeling an estate’s constitutional challenge to the state’s exclusive remedy defense as forum shopping, the Supreme Court of Arkansas entered an order prohibiting a state circuit court from continuing to exercise jurisdiction in a civil action... Read More