Where the a deceased worker’s estate initially received $35,798.04 from the employer’s workers’ compensation insurer and then recovered $25,000 from a third-party motor vehicle operator—the liability limits of the third-party’s auto...
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...
An Illinois county circuit court erred when it confirmed an award of workers’ compensation benefits for an Illinois resident who sustained injuries at her employer’s worksite in Indiana and who completed her employment application in Indiana after reporting...
Florida’s special presumption of compensability [see § 112.18, Fla. Stat.], which favors first responders and other law enforcement employees who pass pre-employment physical examinations and then subsequently suffer from cardiac conditions, could not...
Where a workers’ compensation carrier supplied the injured worker with a referral physician and appointment options with the five-day period required by § 440.12(2)(f), Fla. Stat., that carrier did not lose its right to designate an alternative physician...
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...
A Virginia appellate court affirmed a finding of the state’s Workers’ Compensation Commission that had apportioned an injured employee’s disability based on her preexisting condition, awarding benefits based upon a 25 percent PPD to the right...
Acknowledging that pursuant to Va. Code § 65.2306(A), an injured worker can be disqualified from receiving workers’ compensation benefits if he or she intentionally engages in activity contrary to a known safety rule imposed by the employer, a state...
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...
The claimant violated N.Y. Workers’ Comp. Law § 114-a by knowingly making a material misrepresentation, which disqualified him from receiving future indemnity benefits, where surveillance videos showed him stooped over and walking very slowly, using...
Utilizing the co-employee “intentional injury” exception to Alabama’s exclusive remedy rule [see Ala. Code § 25-5-11(b)], the Supreme Court of Alabama affirmed a trial court’s decision to grant summary judgment in favor of two co-employee...
Construing North Dakota’s “heart attack/stroke” statute, N.D.C.C. § 65-01-02(11)(a)(3), which generally requires that unusual stress be at least 50 percent of the cause of injury or disease—as compared with all other contributing factors—a...
A WCLJ’s decision to give no weight to medical opinions offered by two medical experts—an independent medical examiner and the deceased employee’s treating physician—because both experts had entered into significant ex parte contact with...