Five Recent Cases You Should Know About (9/17/2010)

Five Recent Cases You Should Know About (9/17/2010)

Larson's Spotlight on Drug Trafficking, Fraud - Double Dipper, Widow Status, Prior Work-Related Incident, and Temporary Employee. 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.

OH: Ex-Police Officer Disqualified From Benefits Because of Illegal Drug Trafficking

An Ohio appellate court recently held that a staff hearing officer should have considered the impact of a police officer's admitted drug trafficking both before and after a hearing on alleged overpayment of permanent total disability benefits and that the Industrial Commission had continuing jurisdiction to review the matter.  The officer could be disqualified from benefits during the time period he admitted selling OxyContin and not merely for the time he was incarcerated.

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 3559. 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.

WHAT'S THE DIFFERENCE BETWEEN lexisONE AND LexisNexis? Compare the differences between lexisONE free case law and LexisNexis fully featured case law to see what you get with each service.

OH: Injured Worker's "Double-Dipping" as Driver for Amish Community Results in Forfeiture of Benefits

Evidence that an injured worker drover members of the Amish community in return for a payment of up to $1 per mile, that he earned as much as $60 on some days, and that he performed the services for some period of time and became known in the community as providing the transportation services was sufficient to constitute "remuneration" and the worker's failure to notify the Commission of that income was grounds for forfeiture of permanent total disability benefits, held an Ohio 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 Ohio App. LEXIS 3607. 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.

WHAT'S THE DIFFERENCE BETWEEN lexisONE AND LexisNexis? Compare the differences between lexisONE free case law and LexisNexis fully featured case law to see what you get with each service.

PA: Employer Fails to Show Termination of Benefits Warranted for Widow Who Filed Joint, Married Tax Return with Man With Whom She Shared House

A Pennsylvania appellate court has affirmed the denial of a termination petition filed by the employer of a worker who sustained fatal injuries in a work-related accident.  The employer contended that the worker's "widow" engaged in a meretricious relationship with a man, with whom she lived, that she filed tax returns indicating she and the man were married, and that the man completed employment documents affirming the marriage so that the woman could be covered under his health care policy.  The appellate court found such evidence insufficient to constitute a common law marriage and agreed that the employer had not met its burden of proof to establish an appropriate termination of death benefits. 

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 510. 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, § 98.04.

WHAT'S THE DIFFERENCE BETWEEN lexisONE AND LexisNexis? Compare the differences between lexisONE free case law and LexisNexis fully featured case law to see what you get with each service.

GA: Sheriff's Investigator's Injury Riding All-Terrain Vehicle Found Unrelated to Prior Work-Related Incidents that Required No Medical Care

An appellate court in Georgia recently affirmed a decision by the state's Board of Workers' Compensation that determined that an investigator with a local sheriff's office, who was required to run, climb, and apprehend suspects while executing high risk warrants in narcotics cases, did not suffer a compensable knee injury following an accident on his four-wheeler; the injury did not arise out of the course of his employment in spite of evidence that in the year prior to the four-wheeler accident, the investigator injured the same knee while serving a warrant and and, in a separate incident, the investigator rammed the same knee into a coffee table in a suspect's home.   

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 Ga. App. LEXIS 831. 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, § 131.03.

WHAT'S THE DIFFERENCE BETWEEN lexisONE AND LexisNexis? Compare the differences between lexisONE free case law and LexisNexis fully featured case law to see what you get with each service.

WI: Temporary Employee May Not Sue Temporary Employer in Tort for Injuries Sustained While Working

A Wisconsin appellate court recently held that a temporary employee injured on the job may not maintain a tort action against a temporary employer for personal injury; third-party liability provisions of the state's Workers' Compensation Act provide statutory immunity for a temporary employer who compensates a temporary help agency for the services of an injured employee. 

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 Wisc. App. LEXIS 725. 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, §§ 67.05, 100.01.

WHAT'S THE DIFFERENCE BETWEEN lexisONE AND LexisNexis? Compare the differences between lexisONE free case law and LexisNexis fully featured case law to see what you get with each service.

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

   Offer good through December 2010.