Five Recent Cases You Should Know About (12/3/2010)

Five Recent Cases You Should Know About (12/3/2010)

Larson's Spotlight on Scope of Employment, Dependent Death Benefits, Assault, Exclusivity, Odd-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.

NY: Actress' Injuries from Bicycle Crash Found Compensable

Injuries sustained by an actress in a bicycle crash were compensable, agreed a New York appellate court recently, since she was warming up for her performance at the time of the accident.  The employer provided free temporary housing to cast and crew working on various productions.  The court noted the warm up periods were designed to prevent on-stage injuries.

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 8778. 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, §§ 21.06, 22.05.

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.

WV: Schizophrenic Adult Child Entitled to Dependent Death Benefits

The Supreme Court of Appeals of West Virginia recently reversed a determination by the state's Workers' Compensation Board of Review that had earlier terminated a dependent's death benefits.  Noting that there was no dispute as to the evidence and that the dependent in question suffered from "schizophrenia resulting in severe thought disorganization, delusion and hallucination interfering in his judgment and insight," the court indicated the dependent was an "invalid child" as that term was defined by W. Va. Code § 23-4-10.

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 W. Va. LEXIS 136. 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, § 96.05.

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.

NY: Ill Will Between Workers Means Injuries Related to Assault Were Compensable

A New York appellate court recently affirmed a finding by the state Workers' Compensation Board that injuries sustained by a worker when he was assaulted by another were work-related and not private.  Evidence showed a long history of discord between the two.  Both had received written warnings and other evidence indicated claimant had difficulty fitting in at the work place.

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 8777. 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, §§ 8.01, 8.02.

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.

TN: Employee Tort Claim Against Employer and Coworker for Improper Dissemination of Medical Information Not Barred by Exclusivity

A Tennessee appellate court has held that the dismissal, on exclusive remedy grounds, of an employee's action against her employer, a manager, and a coworker after the coworker accessed and disseminated medical information that indicated the employee was HIV positive was improper; the employee's injuries did not arise out of her employment her tort claim was accordingly outside 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 Tenn. App. LEXIS 734. 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, § 100.03.

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.

ID: Odd lot Status Not Appropriate in Spite of Language Difficulties and Illiteracy

The Supreme Court of Idaho recently affirmed a decision by the state's Industrial Commission that had refused to find claimant was an odd lot worker and, accordingly, limited his disability award to 25 percent and not total.  While it was true that the claimant, who suffered chronic pain, spoke only Spanish and could not read nor write in any language, other evidence indicated that there were types of work that claimant could satisfactorily perform.

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 Ida. LEXIS 191. 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, § 83.01.

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.