LexisNexis® Legal Newsroom
Daniel M. Kowalski
AILA Member Talking Points on SCOTUS United States v. Texas Deadlock

AILA Doc. No. 16062336, June 23, 2016 : "While today's split decision sets no Supreme Court precedent, what it does mean is that these important, commonsense policies will remain blocked for now. The fact remains, DAPA and DACA+ are...

Daniel M. Kowalski
Supreme Court on Categorical Approach: Mathis v. U.S.

Mathis v. U.S., June 23, 2016 - "[W]hether for good or for ill, the elements-based approach remains the law. And we will not introduce inconsistency and arbitrariness into our ACCA decisions by here declining to follow its requirements. Everything...

Larson's Spotlight
Maryland: Sole Proprietor’s AWW Computed on Net Profit, Not Gross Receipts

In a matter of first impression, the Court of Appeals of Maryland held that average weekly wage of a sole proprietor who elects coverage under the Maryland Workers’ Compensation Act should be calculated based upon the sole proprietorship’s...

Larson's Spotlight
Illinois: General Contractor May Not Take Advantage of Settlement Agreement It Did Not Sign

Where a worker settled his workers’ compensation claim and signed a settlement agreement that released his direct employer and a purported general contractor from liability for any claims arising out of the worker’s work-related accident,...

Larson's Spotlight
New York: Failure to Disclose Volunteer Activity Amounts to Misrepresentation for Purposes of § 114-a

A New York appellate court held that substantial evidence supported a determination by the state Board that claimant had made false statements on a questionnaire for the purpose of obtaining workers’ compensation benefits [see N.Y. Work. Comp. Law...

Larson's Spotlight
Arizona: Portion of Former Soldier’s PTSD Disability Apportioned to Special Fund

As is the case in a number of states, Arizona allows “apportionment” of certain permanent injury claims between an employer and a “special fund” where the employee’s permanency results from the combination of a pre-existing...