Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’ compensation. For the past five or six years, I’ve shared with readers...
A Commission decision awarding an Ohio employee temporary total disability benefits was erroneously entered where the employee gave the employer two-week’s notice that he intended to leave the employment and then sustained a work-related injury four days...
Evidence that an auto dealership employee’s movements were “unusual and awkward” as he attempted to duck under a garage door that was in the process of closing supported the Commission’s findings that he was entitled to workers’ compensation...
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 event...
Emphasizing that it was for Georgia’s State Board of Workers’ Compensation to resolve a conflict in the evidence and not for the superior court, which initially reviewed the Board’s decision, a state appellate court reversed and remanded a case...
The properly disallowed an employee’s claim for benefits under N.Y. Workers’ Comp. Law § 15(4) because the claim abated upon the employee’s death since the record was undeveloped. The court noted that the employee had not testified or undergone...
Again indicating that Virginia’s “actual risk” doctrine results in the denial of claims in which an employee sustains injuries in a fall in an unobstructed hallway or on steps located in the employer’s premises unless the claimant can show...
A divided panel of the Ninth Circuit Court of Appeals reversed a decision by a federal district court sitting in California that had issued an order temporarily enjoining enforcement of the controversial Assembly Bill 5, which had codified the judge-made “ABC...
A decision by the New York Workers’ Compensation Board that found a claimant had made the sort of misrepresentations under N.Y. Workers’ Comp. Law § 114-a that would justify termination of her workers’ compensation benefits was supported...
Applying the so-called “bunkhouse rule,” a South Carolina appellate court affirmed a decision by the Appellate Panel of the South Carolina Court of Appeals that had awarded death benefits to the children of a motel worker who was shot and killed, along...
The failure, on the part of an injured employee, to abide by lifting restrictions could not alone be sufficient to constitute an independent intervening cause that would relieve his or her employer (or carrier) from the responsibility for continued workers’...
An experienced plumber, who sustained a knee injury when he stepped from the rear door of his service van did not sustain an injury arising out of and in the course of the employment, held a Virginia appellate court. Applying the state's "actual risk"...
While Pennsylvania law authorizes termination of workers' compensation indemnity benefits during periods of incarceration after conviction [see Section 306(a.1) of the state’s Workers’ Compensation Act, 77 P.S. § 511.1], that provision cannot...
The Supreme Court of California held its earlier decision in Dynamex Operations West, Inc. v. Superior Court , (2018) 4 Cal.5th 903, 232 Cal. Rptr. 3d 1, 416 P.3d 1 , should be applied retroactively. That somewhat controversial decision set forth a three-part "ABC"...
Acknowledging that if one business entity was the alter ego of another, the former could not be sued in tort for injuries sustained by an employee of the "alter ego" entity, a New York appellate court found the defendant-business entity failed to establish...