LexisNexis® Legal Newsroom
Thomas A. Robinson
Rhode Island: Workers’ Comp Act Trumps CBA’s Arbitration of Reinstatement Disputes

Rhode Island’s Workers’ Compensation Court has exclusive jurisdiction concerning reinstatement disputes. Accordingly, where a union member employee sustained a serious ankle injury, underwent surgery 10 months later, did not request a leave...

Thomas A. Robinson
South Carolina: Injured Employee Entitled to PTD Benefits For Significant Impairment to Back in Spite of Return to Work

Evidence that an injured employee has returned to work in some capacity, standing alone, does not rebut the presumption of total disability where the uncontradicted medical evidence indicates the employee sustained loss of use to his back that exceeded...

Thomas A. Robinson
Ohio: For Going and Coming Rule Purposes, Home Health Care Aide May Not Have Been Fixed-Situs Employee

An Ohio home health aide who worked, at her employer’s direction, at the home of various clients and who sustained injuries in an auto accident as she traveled from one client’s home to that of another, was not as a matter of law a fixed-situs...

Thomas A. Robinson
Colorado: $840,000 Fine For Failure to Insure Was Excessive

The imposition of more than $840,000 fine against an uninsured employer was unconstitutionally excessive under both the 8th Amendment to the U.S. Constitution and a similarly-worded provision of the Colorado constitution, where the fine was based upon...

Thomas A. Robinson
Oklahoma: “Crafty Gamesmanship” Earns Insurer a Date in Court for Bad-Faith Failure to Pay

The Supreme Court of Oklahoma, in a divided decision, held that an employee could maintain a bad-faith action against a workers’ compensation insurer alleging that following an award of compensation benefits by the state’s Workers’ Compensation...

Thomas A. Robinson
Georgia: “Controlled Descent” Goes Out of Control; Board Should Have Made Fact Findings as to Worker’s Rashness

In Georgia, violation of express instructions or the mere doing of a hazardous act in which the danger is obvious does not constitute willful misconduct that disqualifies an injured employee from an award of benefits; the employer must also show that...