Five Recent Cases You Should Know About (6/6/2010)

Five Recent Cases You Should Know About (6/6/2010)

Larson’s Spotlight on Medical Care and Lawn Care Services, Concurrent Employment, Illegal Alien and Average Weekly Wage, Slip and Fall, and Parking Lot. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s Workers’ Compensation Law, has compiled the list below.

FL: Medical Care Does Not Include Lawn Care Services

While a hot tub and dental evaluation were properly awarded as part of the medical benefits in a workers’ compensation case, lawn care at the injured worker’s residence was not compensable, indicated a Florida appellate court recently.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Fla. App. LEXIS 7552. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 94.03.

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CT: Employment at U.S. Post Office Is Not “Concurrent” Employment for Purposes of Computing Average Weekly Wage

In spite of the fact that Conn. Gen. Stat. § 31-310 provides that under appropriate circumstances, an injured worker’s average weekly wage should be calculated on the basis of wages earned from “all employers,” wages earned while working for the United States Postal Service are not to be considered; the federal government is not an “employer” for purposes of the statute, indicated the Supreme Court of Connecticut recently.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Conn. LEXIS 180. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 93.03.

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FL: Judge Rejects Average Weekly Wage Computation for Illegal Alien in Spite of Employer’s Stipulation as to Amount

In spite of a stipulation by the employer that the injured worker’s average weekly wage was $600, a Florida appellate court affirmed a decision by a state Judge of Compensation Claims that found the worker had no average weekly wage because, under the decision in Fast Tract Framing, Inc. v. Caraballo, 994 So.2d 355 (Fla. 1st DCA 2008), the worker had never filed any federal tax returns [see § 440.02(28), Fla. Stat.].

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Fla. App. LEXIS 7022. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 93.01.

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OH: Worker Retrieving Paycheck Awarded Benefits for Fall During Non-Work Hours

An Ohio appellate court recently affirmed a decision by a county court of common pleas granting summary judgment in favor of a worker who slipped and fell, during non-work hours, when he came to pick up his paycheck.  That he was not actually engaged in work activity was not a bar, indicated the court, quoting Larson’s Workers’ Compensation Law.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Ohio App. LEXIS 1987. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 26.03.

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PA: Worker Injured in Parking Lot While Leaving For Lunch Break Is Entitled to Award

A Pennsylvania appellate court has agreed with a decision by the state’s Workers’ Compensation Appeal Board that awarded workers’ compensation benefits to a worker who had left her employer’s premises during her “lunch break,” had walked toward her car that had been parked in a lot that was adjacent to the employer’s premises (and shared with other lessees), and slipped on ice, sustaining injuries to her back, neck and legs; her claim was sustainable under under the personal comfort doctrine.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Pa. Commw. LEXIS 260. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 13.04.

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Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

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