Five Recent Cases You Should Know About (6/27/2010)

Five Recent Cases You Should Know About (6/27/2010)

Larson’s Spotlight on Immigration Status, Going and Coming Rule, Stress, Diabetes, and Wrongful Death. 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: Dismissal of Claim Improper Where Employee Invokes 5th Amendment As to Immigration Status

A Florida appellate court held a Judge of Compensation Claims abused his discretion in dismissing with prejudice the workers' compensation claim of an employee where the employee refused to testify at a deposition regarding her immigration status.  The court found the employer failed to demonstrate meaningful prejudice resulting from the claimant's refusal to answer.

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 8974. 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, § 39.03.

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KY: State High Court Finds Pilot's Death in Other Airline's Plane Crash Was Within Course and Scope of Employment and Not Barred by Going and Coming Rule

Quoting Larson's Workers' Compensation Law, the Supreme Court of Kentucky recently reversed a decision by the state's Court of Appeals, finding that under the "service to the employer" exception to the going and coming rule, a pilot's fatal injuries in the crash of another airline's plane on which the pilot was traveling from his home in Kentucky to the Atlanta airport so as to report for his own flight duties, arose out of and in the course of the employment.

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 Ky. LEXIS 147. 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, §§ 14.06, 15.02.

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NY: Corrections Officer Fails to Link Employment Stress with Hypertension and Lightheadedness

An appellate court from New York recently affirmed a decision of the state's Workers' Compensation Board that had found that a New York City corrections officer had failed to show a causal relationship between alleged stresses in the workplace and his hypertension, which he claimed, in turn, triggered cardiomyopathy and lightheadedness.

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 N.Y. App. Div. LEXIS 5220. 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, § 56.06.

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NY: Carrier Gets Reimbursement from Special Disability Fund for Pre-Existing Diabetic Condition

An appellate court in New York has affirmed a decision of the state's Workers' Compensation Board, which ruled that the employer's workers' compensation carrier was entitled to reimbursement from the Special Disability Fund for a claimant's pre-existing diabetic condition, where the evidence indicated that claimant's preexisting and insulin-dependent diabetes hindered his ability to perform certain types of employment and the claimant's surgeon indicated that, due to claimant's diabetes, he should not take anti-inflammatory drugs in connection with the treatment of his work-related knee injury.

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 N.Y. App. Div. LEXIS 5183. 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, § 90.04.

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NY: Wrongful Death Action Against State Thruway Authority is Barred by Exclusive Remedy of Workers' Compensation Law

A New York appellate court recently affirmed the dismissal, on exclusive remedy grounds, of a wrongful death action filed against, among others, the New York State Thruway Authority for fatal injuries sustained when an employee of the New York Canal Corporation fell to his death while attempting to dislodge a small tree that had become lodged in an upper gate of a dam on the Erie Canal; the Authority was immune from suit due to its parent-subsidiary relation with the Corporation.

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 N.Y. App. Div. LEXIS 5187. 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, § 112.01.

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

 Offer good through June 2010.