Workers' Compensation

Recent Posts

Alaska: High Court Reiterates Limit of $10K in Benefits for Deceased Worker Who Had No Dependents
Posted on 1 Jan 2022 by Thomas A. Robinson

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

Kentucky: Amended Statute Terminating Benefits at Age 70 Passes Constitutional Muster
Posted on 3 Oct 2021 by Thomas A. Robinson

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

Oklahoma: Retaliatory Discharge Statute is Constitutionally OK in Spite of Lack of Access to Jury
Posted on 30 May 2019 by Thomas A. Robinson

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

Iowa: Constitutional Challenge to Provision Granting Carrier Immunity for Faulty Inspections is Unsuccessful
Posted on 10 May 2019 by Thomas A. Robinson

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

Montana: Supreme Court Says State’s IME Process Does Not Violate Due Process
Posted on 25 Oct 2018 by Thomas A. Robinson

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: 312-Week Limitation on TTD Benefits is Constitutional
Posted on 15 Dec 2017 by Thomas A. Robinson

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

Oklahoma: Divided OK Supreme Court “Opts Out” of Assuming Jurisdiction in Constitutional Challenge Case
Posted on 1 May 2015 by Larson's Spotlight

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

Arkansas: High Court Pushes Exclusive Remedy Issue Back to Commission
Posted on 27 Feb 2015 by Larson's Spotlight

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