LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2014. You’ll find many helpful cases in this list, including a recent decision...
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...
Can a hospital worker recover benefits for hepatitis C without showing the disease was present in the hospital where he worked? Smith v Capital Region Medical Center , 2014 Mo. App. Lexis 1453 (lexis.com), 2014 Mo. App. Lexis 1453 (Lexis Advance) (December 23,...
Here’s the second batch of advanced postings for the January 2015 issue of Cal. Comp. Cases. Lexis subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Howard Pound...
A Florida appellate court affirmed a decision by a state judge of compensation claims that barred a long-haul truck driver from receiving workers’ compensation benefits for an alleged work-related injury based on findings that the driver had given false and...
The evidence supported a WCJ’s finding that a “no-holds-barred” meeting, at which a former police officer was singled out for criticism, and which digressed into an abusive, vulgar, shouting match, was an extraordinary and unusual event, such...
Substantial evidence supported a decision by New York’s Workers’ Compensation Board that denied benefits to a claims examiner who contended she suffered a shoulder injury in a work-related fall at her office where she waited 19 months before seeking...
Reversing itself, Florida’s Second District Court of Appeal held that a public utility’s obligation to maintain its equipment and facilities was the sort of activity that could be subcontracted to another firm and that when it had properly done so,...
The Supreme Court of Utah noted that although the intentional tort exception to workers’ compensation exclusivity clearly applied to claims governed by the state’s Workers’ Compensation Act (WCA), the issue had never been decided for claims governed...
In a divided decision, the Supreme Court of Washington held that a staffing agency might, at least in some circumstances, be liable for the borrowing employer’s safety violations under the state’s Industrial Safety and Health Act (WISHA) if the agency...
A Texas appellate court held the so-called “going and coming” rule in the workers’ compensation sphere could be utilized to bar recovery against an employer in a civil action that alleged the employer’s employee was negligent in the operation...
Affirming a November 2020 decision by a lower appellate court, the Supreme Court of Ohio held the state Industrial Commission was within its powers when it rejected a proposed settlement agreement executed by representatives of an employer and an injured employee...
Despite the right of the workers’ compensation insurance carrier to “assert the employee’s cause of action in tort” under some circumstances [see OCGA § 34-9-11.1), the Georgia carrier owes no fiduciary duty to protect the interests...
Where an employee failed to disclose on an intake form at the office of a physician employed to conduct an independent medical examination that he had been involved in a motor vehicle accident after his work-related injury, the Board could exercise its discretion...
Under Florida’s one-time change of physician statute, § 440.13(2)(f), Fla. Stat., a judge of compensation claims was required to appoint an EMA to resolve a conflict in the medical evidence where an injured worker was dissatisfied with the medical opinion...