A Delaware Superior Court held that it was for the state’s Industrial Accident Board, not the trial court, to determine whether COVID-19 was an occupational disease and, therefore, whether the plaintiff’s action against an employer for alleged negligence in allowing...
A state appellate court affirmed a decision by the Illinois Workers’ Compensation Commission that found it had jurisdiction to consider the injury claim of an operating room nurse hired by an Illinois staffing company who suffered injuries while working in...
Emphasizing that an employee may not ordinarily contract away his or her right to seek workers’ compensation benefits under the Alabama Workers’ Compensation Act, and stressing that an employer and employee could not limit the jurisdiction of Alabama courts, a...
The Supreme Judicial Court of Massachusetts, in a case of first impression, adopted the "sufficient significant contacts" test for determining whether the Commonwealth had jurisdiction over an extra-territorial work-related injury. It held the test that...
A JCC's decision to deny claimant's request for temporary disability benefits on the basis that the claimant had received full pay during the period from the claimant's bank of accumulated sick time was error, held a Florida appellate court. The JCC...
A defendant's contention that as an employer it was immune from tort liability in a civil action filed against it by an employee did not speak to the Washington trial court's subject matter jurisdiction, held a state appellate court. Accordingly, its motion...
A New Jersey appellate court held that while residential status may certainly be considered in determining whether the Garden State has a sufficient interest in a worker’s claim regarding an extraterritorial injury, it is insufficient on its own to confer jurisdiction...
An Arkansas trial court erred in concluding that it had subject-matter jurisdiction over the employee's complaint in which it was alleged that the defendant employed the plaintiff but failed to secure workers’ compensation benefits for the employees....
Where Pennsylvania and New Jersey were joint owners of a bridge crossing the Delaware River between Philadelphia and Camden and claimant, a Pennsylvania resident hired by a subcontractor to perform painting and lead abatement services on the bridge and adjoining...
Where a Washington seafood corporation recruited workers in Nebraska, hosting them at a hotel conference room, and completing drug testing on those who were hired, but performed no actual work in Nebraska and did not frequently have employees either as support...
A challenge to a court’s jurisdiction can be offered at any time, held a North Carolina appellate court. Accordingly, in a wrongful death action filed by the administratrix of a young woman’s estate against the deceased’s employer, that employer...
Any information or opinions contained in this commentary are not necessarily endorsed by LexisNexis® or its affiliates. Workers’ Compensation Appeals Board (WCAB) jurisdiction is one of the most important threshold issues that an injured worker must establish...
In North Carolina, a claim must be filed either (a) within two years of the accident [N.C. Gen. Stat. § 97-24(a)(i)], or (b) “within two years after the last payment of medical compensation when no other compensation has been paid and when the employer's liability...
Recently, the WCAB issued a panel decision, Payne v. Federal Express, 2017 Cal. Wrk. Comp. P.D. LEXIS 243 . In Payne , the panel held that an agreement in a Compromise and Release with open medical approved years ago which provides that the AME would determine...
In a divided memorandum decision, the Supreme Court of Appeals of West Virginia affirmed a circuit court’s finding that the widow of worker killed in a forklift accident at a Kentucky coal mine may not maintain a deliberate intent action against the West Virginia...