A Maryland appellate court held that, under an appropriate fact pattern, an employer that declines to renew an employment agreement with an injured worker for which the parties anticipated a reasonable possibility of renewal may be liable for a retaliatory... Read More
In maintaining a retaliatory discharge claim against the former employer, it is not enough, held a New York appellate court, to show close proximity between the filing of a workers’ compensation claim and the termination of employment where the... Read More
A former employee’s claim that her former employer improperly discharged her in retaliation for filing a workers’ compensation claim was appropriately disposed of at the summary judgment level where the employee could not show that her employer’s... Read More
State employees at the Missouri Department of Mental Health claimed they were harassed, intimidated, coerced and punished for pursuing worker's compensation cases and sought money and equitable relief. The circuit court found the plaintiffs could... Read More
Lexis.com subscribers can link to the cases, statutes, and other cites below . In Borrayo v. Tobar Industries, The Hartford Insurance, 2012 Cal. Wrk. Comp. P.D. LEXIS 10 , Lisa Borrayo was working for Tobar Industries, when she sustained a cumulative... Read More
Larson's Spotlight on Going and Coming, Retaliation, Lyme Disease, and Exclusive Remedy. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... Read More
By John Stahl, Esq. Dr. Bogdan Savych of the Workers’ Compensation Research Institute (WCRI) said at the outset of his May 10, 2012 webinar entitled “Avoiding Litigation: What Can Employers, Payers and States Do” that the goals of... Read More
A federal district court in Oregon, construing Or. Rev. Stat. § 659A.040—the state’s retaliatory discharge provision—held that the statute protects only those workers who apply for, invoke, or utilize the procedures of the Oregon... Read More
Claimant asserts his boss fired him because he had a worker’s compensation case, but he failed to convince a jury of that claim. He had a disagreement with his employer whether he should take a break to rest and elevate his foot before completing... Read More
A divided Supreme Court of Missouri held that in order to make a submissible case for retaliatory discharge under § 287.780 R.S.Mo., an employee must demonstrate that his or her filing of a workers’ compensation claim was a “contributing... Read More
CALIFORNIA COMPENSATION CASES Vol. 82 No. 10 Oct 2017 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE... Read More
Richard Guerra v. Mr. Rooter Plumbing Discrimination—Labor Code § 132a—WCAB affirmed WCJ’s finding of § 132a violation when, among other things, none of the reasons defendant employer articulated for applicant’s termination... Read More
Missouri is back in the news as the Senate and Governor once again debate whether it is reasonable for an employer to be able to promptly determine if a job applicant has prior open or closed worker’s compensation cases. There they go again.... Read More
CALIFORNIA COMPENSATION CASES Vol. 79 No. 8 August 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE... Read More
The Supreme Court of Ohio, in a divided decision, held that a worker who tested positive for marijuana after seeking medical treatment for a work-related injury was nevertheless eligible for TTD benefits in spite of the fact that he had been fired after... Read More