Where a claimant was injured in a fall from a roof, the Industrial Commission did not err in awarding him additional compensation for his employer's violation of a specific safety requirement (“VSSR”), since Ohio Admin. Code 4123:1-3-09(F)(1) required...
The estate of an Ohio employee who sustained fatal injuries in an extrusion press accident may not maintain a civil action against the state’s Bureau of Workers’ Compensation (“BWC”) for its alleged negligent provision of safety consulting...
The failure of a Virginia bus driver to lock and wear his seatbelt upon picking up passengers—he later sustained serious injuries when his vehicle was struck from behind, careened down a guardrail, and then flipped—constituted willful misconduct under...
Acknowledging that it was possible for an employer to establish impossibility as an affirmative defense to an application for an additional award for a violation of a specific safety requirement (“VSSR”), the Supreme Court of Ohio held that in order...
Conducting Impartial Assessments and Making Tough Decisions in a Politicized World By Karen C. Yotis, Esq. When we go to work each day, we don’t expect to be attacked. Nor do we anticipate suffering serious bodily harm. And we can hardly imagine being killed...
An employer was not entitled to a reduction in a workers’ compensation award on the basis that an employee had failed to use safety devices (seat belts and a safety hat) provided by the employer [see Mo. Rev. Stat. § 287.120.5] because the employer had...
It was proper for the Utah Labor Commission to determine that an employer had not willfully or deliberately bypassed a safety devise in violation of Utah Code Ann. § 34A-2-301(1)(d)(2015), where a manager credibly testified that he had not overridden the safety...
A NIOSH Commentary reviews the current research and paints a troubling picture for nonstandard workers It is no secret that more and more work is being performed by American workers outside of the traditional employer-employee relationship. Employers are increasingly...
The LexisNexis Legal Newsroom Workers’ Compensation Law has interviewed leading experts from different segments of the workers’ compensation industry to tell us some common myths and facts about workers’ compensation. Note that the myths listed...
The Supreme Court of Oklahoma held that there were material issues of fact as to whether the decedent’s employer knew that injury or death was substantially certain to result from the task decedent and his coworkers were directed to complete and the conditions...
The Supreme Court of North Dakota held the trial court properly granted a former employer’s summary judgment dismissing a widow’s wrongful death action against it because the facts alleged did not provide a genuine issue of material fact to avoid the...
By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC On April 20, 2016, the IAIABC kicked off the National Conversation on the Future of Workers’ Compensation at its Forum in Santa Fe, New Mexico. In a three hour session, questions were presented to...
An administrative assistant in 2012 was leaving work, stepped off of a ramp onto a sidewalk on the employer’s property on the way to her car and injured her ankle. The court of appeals affirmed an award of benefits and found that the accident arose out of...
While the action of the employer in utilizing undersized “outriggers” to extend a work platform could be characterized as reckless, the employer was nevertheless entitled to summary judgment in an intentional tort action filed against it by an injured...
Allegations that an employer knew of the risks and dangers of encountering failed radioactive fuel plates when it ordered an employee to repackage and/or continue the repackaging process, that it failed to warn the employee of the dangers, failed to follow federal...