MINNEAPOLIS - The judge overseeing the National Hockey League (NHL) concussion injury multidistrict litigation on July 13 partially granted the players' motion to enforce a subpoena and ordered the league's workers' compensation insurer to produce independent medical exam (IME) records of NHL retirees who had submitted workers' comp claims (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
CINCINNATI - An Ohio federal judge on June 21 dismissed a class complaint accusing a seafood and steakhouse of failing to properly compensate its workers for nontipped duties performed before and after closing and improperly deducting transaction fees from tips paid via credit cards (Chelsey Craig, et al. v. Landry's, Inc., et al., No. 16-277, S.D. Ohio; 2016 U.S. Dist. LEXIS 80489).
MINNEAPOLIS - A workers' compensation insurer for teams in the National Hockey League (NHL) in a June 21 brief asked the judge overseeing the NHL concussion multidistrict litigation to issue an order limiting further production of independent medical examinations (IMEs) to those it already secured for the former players in the MDL (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
ABINGDON, Va. - A federal judge in Virginia on June 9 denied a man's motion to vacate his 144-month prison sentence for his role in a workers' compensation insurance fraud scheme, holding that his counsel was effective and that the sentence was properly adjusted based on the defendant's criminal history (United States of America v. Carlos Perry, No. 14CR00003, W.D. Va.; 2016 U.S. Dist. LEXIS 74977).
TAMPA, Fla. - Dismissal of a statutory bad faith claim in a workers' compensation coverage dispute is not proper because abatement of the claim pending resolution of a breach of contract claim is appropriate, a federal judge in Florida ruled May 26 (DSK Group Inc. v. Zurich American Insurance Co., No. 15-1987, M.D. Fla.; 2016 U.S. Dist. LEXIS 69225).
CHICAGO - An Illinois judge on May 19 approved the settlement of an asbestos-related workers' compensation lien between the liquidator of an insolvent insurer and an out-of-state injury fund (People of the State of Illinois, ex rel. Andrew Boron, Director of Insurance of the state of Illinois v. Lumbermens Mutual Casualty Co., No. 12-24227, Ill. Cir., Cook Co.).
TRENTON, N.J. - A federal judge in New Jersey on May 16 denied a third-party defendant's motion to dismiss a suit seeking indemnification and contribution from its procurement of allegedly ineligible workers' compensation insurance, finding that a forum-selection clause cannot be enforced because New Jersey has a strong interest in the litigation (Liberty Insurance Corporation v. Bulk Express Logistics Inc., et al., No. 13-5941, D. N.J.; 2016 U.S. Dist. LEXIS 64611).
SAN DIEGO - A California appellate panel on May 12 ruled that a trial court judge did not err when denying a man's request to reduce his convictions for making false statements in connection with a workers' compensation claim from felonies to misdemeanors, holding that the defendant had a prior history of criminal activity and that he did not show remorse for what he did (People v. Chany Lopez, No. D068570, Calif. App., 4th Dist., Div. 1; 2016 Calif. App. Unpub. LEXIS 3510).
SAN DIEGO - A widow lacks sufficient evidence of her husband's post-employment asbestos exposure to avoid California's workers' compensation exclusivity bar, a federal judge held April 25 (Gail Elizabeth Walashek, et al. v. Air & Liquid Systems Corp., et al., No. 14-1567, S.D. Calif.; 2016 U.S. Dist. LEXIS 55013).
CHICAGO - An Illinois judge on April 21 granted the liquidator of an insolvent workers' compensation insurer's recommendation for the allowance of the state's group workers' compensation pool insolvency fund's $716,283.59 claim (In the Matter of the Liquidation of Illinois Restaurant Risk Management Association, Inc., No. 11-CH-40307, Ill. Cir., Cook Co., Chancery Div.).
DENVER - The 10th Circuit U.S. Court of Appeals on March 31 upheld a trial court's rejection of wage-and-hour claims filed by slaughter and fabrication operation workers who claimed that they received some but not all compensation owed to them for donning and doffing activities under the Fair Labor Standards Act (FLSA) (Esmeralda Castaneda, et al. v. JBS USA, LLC, et al., Nos. 14-1217 and 14-1221, 10th Cir.; 2016 U.S. App. LEXIS 5884).
SAN FRANCISCO - A man has not shown that his former employer avoided a workers' compensation claim in bad faith or that the dual capacity doctrine put it outside the law's exclusivity provision, a California federal judge held March 23 (Leon E. Dean, et al. v. E.I. DuPont de Nemours Co. Inc., No. 15-6032, N.D. Calif.; 2016 U.S. Dist. LEXIS 38906).
LIMA, Ohio - Asbestosis refers to a specific disease and not asbestos-related diseases such as lung cancer, an Ohio appeals court held Jan. 25 in affirming a widow's right to participate in the state's workers' compensation system (Fayrene Dennis, surviving spouse of Johnny Dennis v. General Motors Corp., et al., No. 4-15-09, Ohio App., 3rd Dist.; 2016 Ohio App. LEXIS 215).
JACKSON, Miss. - A federal judge in Mississippi on Jan. 25 granted a workers' compensation insurer's motion for summary judgment in a discrimination and insurance bad faith lawsuit, ruling that the plaintiff has failed to show that a genuine issue of material fact exists regarding his claims of racial discrimination against the insurer (Johneveric T. Powell v. Zurich American Insurance Co., No. 14-115, S.D. Miss.; 2016 U.S. Dist. LEXIS 8176).
HARRISBURG, Pa. - A workers' compensation court properly admitted expert testimony linking asbestos exposure with a man's fatal colon cancer, a Pennsylvania court held in affirming an award of benefits Jan. 22 (Garrison Architects and Travelers Insurance Co. v. Workers' Compensation Appeal Board [Piatetsky], No. 1095 C.D. 2015, Pa. Cmwlth. Ct.; 2016 Pa. Commw. Unpub. LEXIS 72).
SAN JOSE, Calif. - Reports from medical experts that an employee had very severe coronary artery disease and that his sudden death at work was the result of a cardiac event show that the employee's employment contributed to his death, a California appeals panel held Jan. 21, affirming workers' compensation benefits (Star Insurance Co. v. Workers' Compensation Appeals Board and Maria Rosa Tavares, et al., No. H042244, Calif. App., 6th Dist.; 2016 Cal. App. Unpub. LEXIS 409).